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Name Category Published
Shular v. United States
'Serious drug offense' under Armed Career Criminal Act only requires that the offense involve the conduct specified in the federal statute, it does not require it to match the generic offense. 		Criminal Law and Procedure USSC Feb. 27, 2020
Holguin-Hernandez v. United States
Objecting to sentence on the ground that it is 'greater than necessary' informs court of legal error and nothing more is needed to preserve the claim for appellate review. 		Criminal Law and Procedure USSC Feb. 27, 2020
People v. Gastelum
Defendant's one-year prison enhancement stricken because Senate Bill No.136 amended Penal Code Section 667.5 so that the one-year enhancement only applies to sexually violent offenses. 		Criminal Law and Procedure 4DCA/1 Feb. 27, 2020
People v. Superior Court (Quarles)
A Sexually Violent Predator can only be conditionally released if a court of law determines they pose no danger to others in the community. 		Criminal Law and Procedure 4DCA/1 Feb. 26, 2020
People v. Mora-Duran
When preliminary hearing is waived, prosecution may not amend information to add new charges, even if defendant would not be prejudiced. 		Criminal Law and Procedure 3DCA Feb. 25, 2020
People v. Lipsett
Penal Code Section 1001.36 was not intended to apply retroactively to cases that have been adjudicated but are not final on appeal. 		Criminal Law and Procedure 6DCA Feb. 25, 2020
Allen v. Ives
Petitioner made a claim of actual innocence based on a retroactive change of law that now grants district court legal jurisdiction over his 28 U.S.C. Section 2241 petition. 		Criminal Law and Procedure 9th Feb. 25, 2020
People v. Medellin
Defendant's convictions reversed because prosecutor prejudicially misstated law during closing argument which was not harmless beyond reasonable doubt. 		Criminal Law and Procedure 5DCA Feb. 24, 2020
People v. Turner
Defendants convicted of manslaughter by guilty plea in lieu of trial are not eligible for recall and resentencing pursuant to California Penal Code Section 1170.95. 		Criminal Law and Procedure 4DCA/1 Feb. 21, 2020
People v. Abrahamian
Appellant's undated and unverified notary acknowledgments could not qualify as 'completed items' within the meaning of Penal Code Section 475(a). 		Criminal Law and Procedure 2DCA/6 Feb. 20, 2020
People v. Alexander
Senate Bill 1393 does not retroactively apply to final convictions that were not directly appealed or petitioned for resentencing after a postjudgment conviction. 		Criminal Law and Procedure 2DCA/6 Feb. 20, 2020
People v. Bermudez
Because predicate offenses are background facts and not 'case-specific' out-of-court statements requiring applicable hearsay exception, expert's testimony concerning defendant's predicate offenses was not violative of 'People v. Sanchez.' 		Criminal Law and Procedure 3DCA Feb. 20, 2020
People v. Johnson
Trial courts may determine whether defendant was erroneously placed on parole supervision rather than postrelease community supervision and modify supervision from parole to PRCS if appropriate. 		Criminal Law and Procedure 4DCA/1 Feb. 20, 2020
Modification: People v. Mendoza
Border Patrol agents must have objectively reasonable suspicion to stop vehicles; stopping vehicles in known drug area based on agents 'good faith' hunch is insufficient. 		Criminal Law and Procedure 4DCA/2 Feb. 20, 2020
Alliance for Constitutional v. Dept. of Corrections
Department of Corrections and Rehabilitation's categorical exclusion of all sex offenders from Proposition 57 parole consideration is inconsistent with the initiative's plain meaning; all non-violent offenders are eligible. 		Criminal Law and Procedure 3DCA Feb. 18, 2020
People v. Marcus
Proposition 36 did not overrule the California Supreme Court's holding in 'People v. Hendrix' that the trial court has the discretion to sentence certain serious and violent felonies concurrently. 		Criminal Law and Procedure 3DCA Feb. 18, 2020
Modification: People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings. 		Criminal Law and Procedure 2DCA/5 Feb. 18, 2020
In re Gay
Because attorney allowed client to incriminate himself to district attorney, conducted minimal investigation, and otherwise deceived client, attorney's representation was deficient and defendant's subsequent verdict warranted reversal. 		Criminal Law and Procedure CASC Feb. 14, 2020
Amended Opinion: Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed. 		Criminal Law and Procedure 9th Feb. 14, 2020
U.S. v. Gagarin
A reasonable jury could have found defendant guilty of aggravated identity theft after she forged electronic signatures on a life insurance policy belonging to her cousin. 		Criminal Law and Procedure 9th Feb. 14, 2020
Modification: People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims. 		Criminal Law and Procedure CASC Feb. 14, 2020
People v. Strike
Court engaged in impermissible judicial factfinding when it relied on defendant's charging document for facts not admitted to by defendant underlying his three strike conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 13, 2020
People v. Petri
Imposing restitution and assessment fines on defendants without consideration of their ability to pay does not violate due process unless defendant was denied court access. 		Criminal Law and Procedure 6DCA Feb. 12, 2020
People v. Cerda
Attempted murder conviction under 'kill zone' theory was supported by substantial evidence where defendants used AK-47 assault rifle and deliberately targeted building's doors and windows. 		Criminal Law and Procedure 2DCA/3 Feb. 11, 2020
People v. Torres
Trial court's jurisdiction pursuant to Penal Code Section 1237.2 does not extend beyond the pendency of defendant's direct appeal. 		Criminal Law and Procedure 2DCA/1 Feb. 10, 2020
People v. Mendoza
Border Patrol agents must have objectively reasonable suspicion to stop vehicles; stopping vehicles in known drug area based on agents 'good faith' hunch is insufficient. 		Criminal Law and Procedure 4DCA/2 Feb. 7, 2020
Salcido v. Superior Court (People)
Proposition 66's directive that habeas petitions be heard by 'court which imposed the sentence' is clear and unambiguous; thus, original sentencing court may not transfer petitions to another venue. 		Criminal Law and Procedure 1DCA/4 Feb. 6, 2020
People v. Wear
Because record affirmatively shows that some jurors convicted defendant based on insufficiently supported premeditated-murder theory, the court reversed. 		Criminal Law and Procedure 1DCA/1 Feb. 6, 2020
U.S. v. Chavez-Diaz
An unconditional guilty plea waives a defendant's right to appeal a conviction on constitutional grounds; the 'Menna-Blackledge' exception is narrowly construed to only allow appeals that will render re-trial impossible. 		Criminal Law and Procedure 9th Feb. 6, 2020
People v. Flores
Senate Bill 1437 does not provide relief to persons convicted of manslaughter; the plain language limits relief only to qualifying persons convicted of murder. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2020
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