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Amended Opinion: U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison. 		Criminal Law and Procedure 9th Oct. 27, 2020
People v. Lizarraga
Defendant's case was final when he requested a transfer hearing under Proposition 57, and Proposition 57 does not apply to final judgments. 		Criminal Law and Procedure 2DCA/5 Oct. 26, 2020
People v. Baratang
Trial court prejudicially erred by instructing jury it could convict defendant of felony elder theft based on identity theft theory regardless of value of property taken or obtained. 		Criminal Law and Procedure 1DCA/3 Oct. 26, 2020
U.S. v. Alhaggagi
District court abused its discretion in applying terrorism enhancement to defendant's sentence because defendant did not have necessary mental state to trigger enhancement. 		Criminal Law and Procedure 9th Oct. 23, 2020
Modification: People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. 		Criminal Law and Procedure 2DCA/1 Oct. 23, 2020
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/1 Oct. 22, 2020
In re Nelson
'People v. Gallardo,' which limits a sentencing court's factfinding abilities for prior conviction enhancements, does not retroactively apply on collateral review of final convictions. 		Criminal Law and Procedure 5DCA Oct. 22, 2020
People v. Bascomb
Because defendant planned home invasion robbery of known drug dealer while he was home, used firearms to push his way in, and forced victim to ground using guns, he acted with reckless indifference. 		Criminal Law and Procedure 4DCA/2 Oct. 20, 2020
People v. Hendrix
Trial court erroneously included 'reasonably' in bracketed language for 'mistake of fact' jury instructions, but error was harmless. 		Criminal Law and Procedure 2DCA/6 Oct. 20, 2020
In re McDowell
Substantial evidence supported the finding that petitioner, who was not the actual killer, was a major participant in the felony that led to the victim's death. 		Criminal Law and Procedure 1DCA/5 Oct. 19, 2020
People v. Frazier
Secretary of the Department of Corrections and Rehabilitation's filing of Penal Code Section 1170(d)(1) recommendation for recall and resentencing does not trigger due process right to counsel for indigent defendant. 		Criminal Law and Procedure 2DCA/7 Oct. 15, 2020
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 Oct. 15, 2020
U.S. v. Kroytor
Lack of clarity in the law is not itself a valid reason to delay filing a coram nobis petition. 		Criminal Law and Procedure 9th Oct. 15, 2020
People v. Cervantes
Penal Code Section 859.5's amendment requiring that custodial interrogations of adults suspected of committing murder be recorded does not apply retroactively because amendments were not designed to benefit defendants. 		Criminal Law and Procedure 5DCA Oct. 15, 2020
People v. Hernandez
Under 'People v. Stamps' trial court must dismiss defendant's two prior prison term enhancements that were an integral part of defendant's sentence but cannot unilaterally modify the plea agreement. 		Criminal Law and Procedure 5DCA Oct. 15, 2020
U.S. v. Bontemps
Police officer's observation of 'large and obvious bulge' that suggested a concealed firearm gave the officer reasonable suspicion to stop defendant. 		Criminal Law and Procedure 9th Oct. 14, 2020
People v. Barber
Trial court did not err in refusing to provide defendant's proposed special instruction defining 'wanton' because it was likely to confuse the jury. 		Criminal Law and Procedure 1DCA/2 Oct. 13, 2020
People v. Stewart
Because prosecution was aware of police report's contents and its potential value to impeach key prosecution witness, prosecution should have disclosed that the report in fact contained potential impeachment material. 		Criminal Law and Procedure 1DCA/2 Oct. 13, 2020
In re Butler
Petitioner's due process right to timely trial had been violated and public defender, district attorney, and trial court all bore some responsibility for 13-year delay. 		Criminal Law and Procedure 1DCA/1 Oct. 9, 2020
People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. 		Criminal Law and Procedure 2DCA/1 Oct. 6, 2020
People v. Martinez
Sufficient evidence supported jury's finding that defendant solicited or recruited minor to actively participate in a criminal street gang under Penal Code Section 186.26(a). 		Criminal Law and Procedure 3DCA Oct. 6, 2020
People v. American Surety Company
Trial court properly forfeited bond after defendant failed to appear even though bond posted was less than amount ordered by the court due to miscommunication. 		Criminal Law and Procedure 1DCA/2 Oct. 5, 2020
People v. McCallum
Trial court abused its discretion in denying defendant an opportunity to present information relevant to Secretary of Department of Corrections and Rehabilitation's recommendation for recall and resentencing. 		Criminal Law and Procedure 2DCA/7 Oct. 2, 2020
People v. Duke
Trial court erred by analyzing defendant's case under requirements of felony murder but the error was harmless. 		Criminal Law and Procedure 2DCA/1 Sep. 30, 2020
People v. Johnson
Appellant's recommitment order under Mentally Disordered Offender Act was reversed based on absence of evidence showing appellant would be led to endanger others. 		Criminal Law and Procedure 1DCA/2 Sep. 30, 2020
Ford v. Peery
Prosecutor's repeated statements, endorsed by trial judge, that presumption of innocence no longer applied violated due process under 'Darden v. Wainwright.' 		Criminal Law and Procedure 9th Sep. 29, 2020
U.S. v. Ramirez
Ruse that revealed officers' identity as law enforcement but misrepresented purpose of their investigation so that officers could evade limitations on their authority violated Fourth Amendment. 		Criminal Law and Procedure 9th Sep. 28, 2020
Modification: People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions. 		Criminal Law and Procedure CASC Sep. 25, 2020
Modification: People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. 		Criminal Law and Procedure 2DCA/3 Sep. 24, 2020
People v. Xiong
Defendant's testimony regarding his cultural experience was relevant to his state of mind and tended to prove why he would have given false confession, but preclusion was harmless error. 		Criminal Law and Procedure 3DCA Sep. 24, 2020
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