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Modification: People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues. 		Criminal Law and Procedure 1DCA/3 Jan. 10, 2020
People v. Cornelius
To file a petition for resentencing, a defendant must meet all three conditions under Penal Code Section 1170.95(a). 		Criminal Law and Procedure 2DCA/6 Jan. 9, 2020
People v. Roles
A record affirmatively showing defendant acknowledged his right to a jury with extensive conversations with defense counsel is a knowing and intelligent waiver. 		Criminal Law and Procedure 3DCA Jan. 9, 2020
People v. Taylor
Victim being forced to move a few paces into an alleyway does not constitute 'asportation' for kidnapping to commit robbery purposes. 		Criminal Law and Procedure 2DCA/8 Jan. 8, 2020
People v. Lewis
A trial court may look into the prior appellate record to determine if a petitioner is eligible for re-sentencing of natural and probable consequences murder convictions abolished by SB 1437. 		Criminal Law and Procedure 2DCA/1 Jan. 8, 2020
Bom v. Superior Court (Los Angeles)
Social worker nonfeasance in the face of a child's murder by his abusive parents does not support a charge of felony child abuse against a social worker under Penal Code 273a. 		Criminal Law and Procedure 2DCA/1 Jan. 8, 2020
People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder. 		Criminal Law and Procedure 2DCA/6 Jan. 7, 2020
People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues. 		Criminal Law and Procedure 1DCA/3 Jan. 3, 2020
People v. Lowery
Defendants' failure to object to court imposed fines, fees, and assessments forfeits their appellate claim that the court improperly failed to hold an ability-to-pay hearing. 		Criminal Law and Procedure 5DCA Jan. 3, 2020
Amended Opinion: Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. 		Criminal Law and Procedure 9th Jan. 2, 2020
People v. Ellis
Defendants sentenced pursuant to a plea agreement need not obtain a certificate of probable cause to seek relief under Senate Bill 1393's Three Strike Law amendments. 		Criminal Law and Procedure 5DCA Dec. 30, 2019
Carter v. Davis
Counsel made legitimate tactical decision to focus on positive aspects of defendant's career and family life as an adult, rather than giving greater emphasis to his traumatic childhood. 		Criminal Law and Procedure 9th Dec. 27, 2019
Modification: People v. Medrano
Defendants were prejudiced by trial court's instruction on the now-invalid natural and probable consequences theory as it related to attempted murder, so defendants' convictions for attempted murder must be reversed. 		Criminal Law and Procedure 5DCA Dec. 26, 2019
People v. Brantley
Penal Code Section 1170.1(c) was inapplicable to defendant's new sentence for additional felony committed while in prison because sentence imposed after defendant was already released. 		Criminal Law and Procedure 3DCA Dec. 26, 2019
U.S. v. Harrington
United States Sentencing Guideline Section 2A2.2(a)'s base level offenses are not exclusive of Section 2A2.2(b)'s specific offense characteristics; a defendant may be sentenced cumulatively under both sections. 		Criminal Law and Procedure 9th Dec. 26, 2019
People v. Windfield
Defendants' right to confrontation not violated when missing witness's previously recorded testimony is played at murder trial because state exercised due diligence. 		Criminal Law and Procedure 4DCA/2 Dec. 24, 2019
People v. Keene
Defense counsel has an affirmative duty to object to restitution fees and to move for an ability to pay hearing; failure to do so forfeits the issue on appeal. 		Criminal Law and Procedure 4DCA/1 Dec. 24, 2019
County of Yolo v. American Surety Co.
The court may eschew immediate bail forfeiture in favor of a reasonable continuance if it finds the defendant has a sufficient excuse for their non-appearance. 		Criminal Law and Procedure 3DCA Dec. 19, 2019
People v. Zaldana
'One Strike Law' mandates defendant's previous unauthorized sentence be increased to five 25-years-to-life terms because of multiple underage victims. 		Criminal Law and Procedure 2DCA/8 Dec. 19, 2019
People v. Ramirez
A prosecutor's closing argument characterization of the defense theory as unreasonable is permissible; it does not suggest the jury need not find the defendant guilty beyond a reasonable doubt. 		Criminal Law and Procedure 5DCA Dec. 19, 2019
People v. Wetle
Incorrect jury instructions given at trial where reasonably jury would not have likely convicted the defendant had all elements of the crime been given correctly. 		Criminal Law and Procedure 6DCA Dec. 18, 2019
People v. Warner
The relevant circumstances demonstrating intent to kill under 'kill zone' theory lead to conclusion that defendant intended to kill everyone in zone of harm to ensure target's death. 		Criminal Law and Procedure 3DCA Dec. 18, 2019
In re Anthony L.
Welfare and Institutions Code Section 625.6 is not subject to the exclusionary rule; a minor's statements are admissible despite the police not providing minor with counsel prior to questioning, as required by statute. 		Criminal Law and Procedure 1DCA/4 Dec. 18, 2019
Modification: People v. Wilson
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement. 		Criminal Law and Procedure 2DCA/3 Dec. 18, 2019
People v. Rubio
Gunshots fired outside a dwelling do not justify a warrantless search inside the dwelling; the police must articulate specific facts that establish an emergency situation is occurring inside the dwelling. 		Criminal Law and Procedure 1DCA/4 Dec. 17, 2019
People v. Taylor
Counts of forcible lewd acts could not be charged in addition to counts of aggravated sexual assault because former were part of 'indivisible course of conduct.' 		Criminal Law and Procedure 4DCA/2 Dec. 17, 2019
People v. Trout-Lacy
Victim restitution orders are governed by tort law principles; when mutliple causes are not independent but act in concert, the court will apply the but-for test to decide liability. 		Criminal Law and Procedure 6DCA Dec. 17, 2019
Andrews v. Davis
Had jury heard that petitioner was subjected to brutal abuse by state custodians at segregated 'penal colony' for African American children, there is reasonable probability that one juror would have spared his life. 		Criminal Law and Procedure 9th Dec. 17, 2019
U.S. v. Wang
Mail fraud convictions that include immigration or visa fraud within the larger indictment should be sentenced pursuant to United States Sentencing Guideline Section 2L2.1, not Section 2B1.1. 		Criminal Law and Procedure 9th Dec. 17, 2019
People v. Arredondo
Defendant's right of confrontation was violated when trial court positioned computer monitor so that witness could not see defendant and he could not see her when she testified. 		Criminal Law and Procedure CASC Dec. 17, 2019
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