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Name Category Published
U.S. v. Kelley
First Step Act of 2018 does not permit a plenary resentencing proceeding in which a defendant's career offender status can be reconsidered. 		Criminal Law and Procedure 9th Jun. 16, 2020
People v. Federico
Proposition 57 only applies retroactively to juveniles charged directly in adult court whose judgments were not yet final upon enactment. 		Criminal Law and Procedure 4DCA/2 Jun. 15, 2020
People v. Sandoval
A jury instruction cannot be judged on the basis of one or two phrases plucked out of context. 		Criminal Law and Procedure 5DCA Jun. 15, 2020
People v. Hughes
Penal Code Section 1054(f) requires prosecutors to disclose to the defense the substance of an expert's testimony, prior to testifying. 		Criminal Law and Procedure 4DCA/2 Jun. 12, 2020
U.S. v. Perez
District court improperly instructed jury on extraterritorial application of Violent Crimes in Aid of Racketeering statute because California's attempted murder statute does not reach foreign conduct. 		Criminal Law and Procedure 9th Jun. 12, 2020
Modification: People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. 		Criminal Law and Procedure 5DCA Jun. 12, 2020
Modification: People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances. 		Criminal Law and Procedure 1DCA/3 Jun. 11, 2020
Stanley v. Superior Court (People)
Health quarantines to prevent spread of infectious diseases have long been recognized as good cause for continuing trial dates. 		Criminal Law and Procedure 1DCA/4 Jun. 11, 2020
People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time. 		Criminal Law and Procedure 2DCA/6 Jun. 10, 2020
People v. Whalum
Possessing unauthorized cannabis in prison in violation of Penal Code Section 4573.8 was not affected by Proposition 64's legalization of possession of 28.5 grams of cannabis. 		Criminal Law and Procedure 4DCA/1 Jun. 10, 2020
People v. Bettasso
Vehicular manslaughter requires proof of elements not necessary to offense of murder; thus vehicular manslaughter is not lesser included offense of murder. 		Criminal Law and Procedure 4DCA/2 Jun. 9, 2020
In re Haden
'People v. Gallardo' does not apply retroactively to convictions that were final when 'Gallardo' was decided. 		Criminal Law and Procedure 1DCA/4 Jun. 9, 2020
In re Scott
Sentencing court considering whether to impose increased sentence based on prior qualifying conviction may consider facts defendant admitted as factual basis for guilty plea. 		Criminal Law and Procedure 4DCA/1 Jun. 8, 2020
People v. Ruiz
Immigration advisement that conviction 'may have' deportation consequences is not adequate for defendants charged with serious controlled substance offenses; defendants must be advised they 'will' be deported. 		Criminal Law and Procedure 2DCA/6 Jun. 8, 2020
People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. 		Criminal Law and Procedure 5DCA Jun. 5, 2020
People v. Tarkington
If petitioner is ineligible for resentencing under Senate Bill No. 1437, their requested appointment of counsel is not required. 		Criminal Law and Procedure 2DCA/3 Jun. 4, 2020
Banister v. Davis
Habeas courts must entertain Rule 59(e) motions as attendant to initial habeas application, rather than dismiss them as successive. 		Criminal Law and Procedure USSC Jun. 2, 2020
People v. Best
Defendant's lack of knowledge of criminal law and courtroom procedure was not a basis to deny the right to self-representation. 		Criminal Law and Procedure 1DCA/4 Jun. 2, 2020
Modification: People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional. 		Criminal Law and Procedure 5DCA Jun. 2, 2020
People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances. 		Criminal Law and Procedure 1DCA/3 Jun. 1, 2020
People v. Lima
Although prosecutor improperly argued facts not in evidence during closing argument, misconduct was harmless in light of evidence. 		Criminal Law and Procedure 2DCA/5 Jun. 1, 2020
People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional. 		Criminal Law and Procedure 5DCA Jun. 1, 2020
People v. Miles
Officer summarizing suspect descriptions as similar or possibly matching in affidavit were not intentionally made false statements to obtain warrant. 		Criminal Law and Procedure CASC May 29, 2020
In re Smith
'McCoy v. Louisiana' did not apply because defendant did not make an express intent to maintain innocence when counsel informed him about his defense strategy. 		Criminal Law and Procedure 4DCA/2 May 28, 2020
People v. Machuca
Conviction for driving under the influence causing bodily injury was not lesser included offense of gross vehicular manslaughter because offenses involved different victims. 		Criminal Law and Procedure 5DCA May 28, 2020
U.S. v. Grey
Administrative warrants cannot be used as vehicles to perform searches and seizures for pending criminal cases. 		Criminal Law and Procedure 9th May 28, 2020
People v. Palmer
Defense counsel's concession of client's guilt to jury was deemed constitutional because defendant did not expressly state his desire to assert his innocence. 		Criminal Law and Procedure 4DCA/1 May 27, 2020
People v. Lee
Appellant's resentencing petition was properly denied because his murder conviction was based on provocative act doctrine and not felony murder. 		Criminal Law and Procedure 2DCA/1 May 27, 2020
Salari v. Superior Court (People)
A party does not impliedly waive right to timely filing of information by agreeing to later arraignment. 		Criminal Law and Procedure 2DCA/8 May 27, 2020
People v. Braum
Double Jeopardy Clause protects only against multiple criminal punishments in successive proceedings for same offense. 		Criminal Law and Procedure 2DCA/5 May 27, 2020
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