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People v. Aleo
Defendant established that he was entitled to Penal Code Section 1170.95 relief regardless of defense counsel's concession that he was major participant; thus, court was required to issue order to show cause. 		Criminal Law and Procedure 5DCA Jun. 1, 2021
People v. Tousant
Defendant's motion to suppress evidence from warrantless search of his vehicle was properly denied because vehicle was in close proximity to shooting, parked in haphazard way, and residents did not recognize it. 		Criminal Law and Procedure 1DCA/2 May 28, 2021
People v. Lemcke
Jury instruction listing eyewitness certainty as factor for jury to consider in evaluating eyewitness identification did not violate due process because defendant used expert testimony to combat inference that witness certainty means accuracy. 		Criminal Law and Procedure CASC May 28, 2021
United States v. Holiday
District court erred by denying defendant's suppression motion but error was harmless due to strength of other evidence such as defendant's DNA and robbery handgun. 		Criminal Law and Procedure 9th May 28, 2021
People v. Escareno
Applying Vehicle Code Section 41500(a) to defendant being prosecuted in single action for felony and nonfelony offenses arising out of single incident would not further Legislature's purpose in that section. 		Criminal Law and Procedure 1DCA/2 May 26, 2021
People v. Oneal
Whether court may consider report prepared in relation to defendant's insanity plea when evaluating defendant's eligibility for mental health diversion ultimately turns on relevance of report. 		Criminal Law and Procedure 5DCA May 26, 2021
People v. Valencia
Appellant's rehabilitative progress in prison did not constitute good cause to permit untimely and successive petition for recall of sentence pursuant to Three Strikes Reform Act of 2012. 		Criminal Law and Procedure 5DCA May 26, 2021
People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted. 		Criminal Law and Procedure CASC May 25, 2021
U.S. v. Lopez
Defendant was entitled to shorter sentence than mandatory five-year minimum because safety-valve only bars defendants who meet all three of its criteria. 		Criminal Law and Procedure 9th May 24, 2021
People v. Houle
Court cannot unilaterally modify plea bargain upon striking Penal Code Section 667.5(b) enhancement; thus, remand was appropriate for trial court to strike enhancement and parties may enter into new agreement. 		Criminal Law and Procedure 1DCA/3 May 20, 2021
People v. Moore
Based on totality of circumstances, officer possessed probable cause to search Jeep for unlawful quantity of marijuana. 		Criminal Law and Procedure 3DCA May 20, 2021
Modification: People v. Flores
In determining whether to strike gun enhancement, trial judge properly considered seriousness of injury and degree of danger defendant posed to public. 		Criminal Law and Procedure 4DCA/2 May 20, 2021
Edwards v. Vannoy
Jury unanimity rule in 'Ramos v. Louisiana' does not apply retroactively on federal collateral review. 		Criminal Law and Procedure USSC May 18, 2021
People v. Lord
Assembly Bill No. 1950 applies retroactively under 'In re Estrada' because it ameliorates criminal penalty and Legislature has not indicated contrary intent. 		Criminal Law and Procedure 3DCA May 18, 2021
Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. 		Criminal Law and Procedure 9th May 18, 2021
Modification: Oakland Police Officers' Assn. v. City of Oakland
Under Public Safety Officers Procedural Bill of Rights Section 3303(g), investigating agency's disclosure obligations should be guided by whether agency designates otherwise discoverable materials as confidential. 		Criminal Law and Procedure 1DCA/1 May 17, 2021
United States v. Silveira
Defendant suffered no prejudice under ineffective assistance of counsel claim because he did not show that lawyer overlooked viable defense to the charges. 		Criminal Law and Procedure 9th May 14, 2021
Pizzuto v. Tewalt
Because death row plaintiffs claim that state's refusal to provide certain information violates their rights now, their claims were ripe. 		Criminal Law and Procedure 9th May 14, 2021
Larsen v. California Victim Compensation Board
Actual innocence finding coupled with later grant of habeas relief that results in permanent release of prisoner from custody requires Victim Compensation Board to recommend compensation without holding hearing. 		Criminal Law and Procedure 2DCA/5 May 13, 2021
U.S. v. Brown
Officer exceeded permissible scope of 'Terry' frisk by directly searching inside defendant's pocket instead of conducting limited exploration for arms. 		Criminal Law and Procedure 9th May 13, 2021
People v. Nunes
Persistent odor of unspecified smoke did not allow for warrantless search of cabinet within shed in backyard under exigent circumstances exception to Fourth Amendment. 		Criminal Law and Procedure 6DCA May 10, 2021
People v. Walker
Reckless driving is not lesser included offense of felony evasion of police officer. 		Criminal Law and Procedure 1DCA/5 May 10, 2021
People v. Magana
Letter from California Department of Corrections and Rehabilitation must reference court's authority to recall defendant's sentence under Penal Code Section 1170(d)(1). 		Criminal Law and Procedure 6DCA May 7, 2021
Branham v. State of Montana
Defendant's habeas corpus petition was dismissed because his application for review of his sentence by Sentence Review Division of Montana Supreme Court was a form of collateral review, making his petition untimely. 		Criminal Law and Procedure 9th May 7, 2021
People v. Steward
Legislation that addresses length of commitment terms for NGI committees does not amend Proposition 36 because Proposition 36 deals with prison sentences for criminal defendants. 		Criminal Law and Procedure 3DCA May 5, 2021
People v. Powell
A person can also be culpable of implied malice murder on an aiding and abetting theory. 		Criminal Law and Procedure 3DCA May 4, 2021
People v. Nieves
Defense expert witness establishing mitigating factors for defendant's mental functioning was improperly excluded during penalty phase since Penal Code Section 190.3 expressly authorizes presentation of relevant mitigating information. 		Criminal Law and Procedure CASC May 4, 2021
U.S. v. Peterson
District court properly denied defendant's motion to withdraw guilty plea because it was entitled to rely on defendant's assurance that he understood elements of crime to which he entered guilty plea. 		Criminal Law and Procedure 9th May 4, 2021
Modification: People v. Wilson
Witness identifying defendant based on his smirky grin was not unduly suggestive because nothing made defendant 'stand out' from the other men depicted. 		Criminal Law and Procedure CASC May 4, 2021
People v. Horn
Physical condition of defendant is relevant factor in determining whether his belief in need for self-defense was reasonable. 		Criminal Law and Procedure 4DCA/3 May 3, 2021
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