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People v. Avila
Ruling on a 'Romero' motion requires consideration of nature and circumstance of crime actually committed, not crime that might have occurred. 		Criminal Law and Procedure 2DCA/3 Dec. 2, 2020
People v. Griffin
One-year enhancement for prior felony conviction imposed under Penal Code Section 667.5(b) as part of plea agreement was stricken due to Senate Bill 136. 		Criminal Law and Procedure 1DCA/5 Dec. 2, 2020
In re Long
Defendant received ineffective assistance of counsel when counsel failed to consult time-of-death expert to rebut prosecution witness's testimony establishing a timeline. 		Criminal Law and Procedure CASC Dec. 1, 2020
Amended Opinion: U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Nov. 30, 2020
People v. Hall
After passage of Proposition 64, lawful possession of marijuana in a vehicle does not provide probable cause to search the vehicle. 		Criminal Law and Procedure 1DCA/2 Nov. 27, 2020
U.S. v. Rusnak
District court did not commit plain error because defendant waived his 'Franks v. Delaware' claim regarding an agent's trial testimony. 		Criminal Law and Procedure 9th Nov. 27, 2020
People v. Flinner
Antagonistic defenses require severance only when conflict is so prejudicial, that defenses are irreconcilable, and jury will infer that conflict alone demonstrates both are guilty. 		Criminal Law and Procedure CASC Nov. 24, 2020
People v. Schultz
There was no error in admitting expert testimony regarding actions taken in an initial expert's analysis; thus, death penalty was affirmed. 		Criminal Law and Procedure CASC Nov. 24, 2020
U.S. v. Ngumezi
Police officer violated defendant's Fourth Amendment right by opening passenger-side car door and leaning inside to ask for registration without any particularized justification, such as that driver posed danger. 		Criminal Law and Procedure 9th Nov. 23, 2020
People v. Swanson
Appellant was convicted of provocative act murder, which requires the perpetrator act with conscious disregard for life; thus, he was ineligible for relief under Senate Bill No. 1437. 		Criminal Law and Procedure 2DCA/1 Nov. 20, 2020
People v. Gallo
Penal Code Section 1170.95 did not apply to defendant because he was the sole killer and jury found him guilty of second degree murder under Section 187(a). 		Criminal Law and Procedure 4DCA/2 Nov. 20, 2020
Modification: People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. 		Criminal Law and Procedure 1DCA/5 Nov. 19, 2020
Amended Opinion: Balbuena v. Sullivan
Petitioner's confession was voluntary because he was read his 'Miranda' warnings, his interview was non-threatening, and there was no evidence he was easy to manipulate. 		Criminal Law and Procedure 9th Nov. 18, 2020
People v. Grant
There was no evidence from which jury could reasonably infer that merchandise's comparable values displayed on tags attached to stolen items at outlet store reflected their fair market values. 		Criminal Law and Procedure 4DCA/1 Nov. 16, 2020
U.S. v. Robertson
Because Criminal Justice Act reimbursement may be ordered in absence of conviction, CJA reimbursement is not part of criminal proceeding that is extinguished by abatement. 		Criminal Law and Procedure 9th Nov. 13, 2020
People v. O'Hearn
Defendant received ineffective assistance of counsel when counsel was aware of defendant's mental health issues, such as schizoaffective disorder, but failed to provide mental defenses. 		Criminal Law and Procedure 1DCA/2 Nov. 12, 2020
People v. Falcon
Appellant failed to make prima facie showing under Penal Code Section 1170.95 because his preliminary hearing transcript showed he was being prosecuted as aider and abettor. 		Criminal Law and Procedure 2DCA/8 Nov. 11, 2020
Modification: People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine. 		Criminal Law and Procedure 4DCA/3 Nov. 10, 2020
U.S. v. King
Because defendant did not object at trial to district court's omission of knowledge-of-status element of his offense, defendant could not prevail in vacating his conviction under plain-error review. 		Criminal Law and Procedure 9th Nov. 9, 2020
People v. Stockman
Although there is no basis for model jury instructions CALCRIM No. 2100 and CALCRIM No. 2110 to differ from one another regarding whether defendant was under the influence, any error was harmless. 		Criminal Law and Procedure 4DCA/2 Nov. 4, 2020
People v. Kruse
Because jury was instructed on the way of violating Penal Code Section 69 that does not necessarily include violation of Section 148(a)(1), court properly refused to instruct on latter as lesser included offense. 		Criminal Law and Procedure 4DCA/1 Nov. 3, 2020
People v. Roldan
Defendant's Penal Code Section 1170.95 petition for resentencing was properly denied because he was convicted under actual implied malice theory, not malice imputed under natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/1 Nov. 3, 2020
People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. 		Criminal Law and Procedure 1DCA/5 Nov. 3, 2020
Modification: People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950. 		Criminal Law and Procedure 4DCA/3 Nov. 2, 2020
People v. Ruiz
Defendant's confrontation clause rights were not violated when trial court admitted minor's out-of-court statements to social worker into evidence, because social worker's primary purpose was to assess child's safety. 		Criminal Law and Procedure 1DCA/2 Oct. 30, 2020
People v. Barton
Student was psychologically coerced into submitting to defendant's lewd acts because he knew that if he failed to do so, he would suffer significant hardship. 		Criminal Law and Procedure 4DCA/1 Oct. 28, 2020
People v. Shaw
No abuse of discretion in trial court's decision not to strike defendant's five-year enhancement imposed under Penal Code Section 667(a)(1). 		Criminal Law and Procedure 4DCA/1 Oct. 28, 2020
Lacayo v. Superior Court (People)
Trial court erred in ruling that particularized good cause showing could justify extending defendant's preliminary hearing beyond 60 days. 		Criminal Law and Procedure 1DCA/3 Oct. 27, 2020
People v. Foley
Defendant's conviction for molesting his grandchild, suffered in separate proceeding that concluded long before trial of his offenses against his other grandchild did not fall within One Strike law's multiple victim circumstance. 		Criminal Law and Procedure 2DCA/3 Oct. 27, 2020
People v. Ford
Appellant was denied his constitutional right to be present at his pretrial hearing where court found him incompetent to decide if he wanted jury trial and error was prejudicial. 		Criminal Law and Procedure 2DCA/4 Oct. 27, 2020
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