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Name Category Published
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
U.S. v. George
U.S.S.G. Section 2B1.1(b)(2)(C) requires the sentencing court to determine whether the victims suffered a loss that was significant in light of their individual financial circumstances. 		Criminal Law and Procedure 9th Feb. 5, 2020
Amended Opinion: Floyd v. Filson
Petitioner's constitutional rights were not violated by admission of victim's mother's testimony about her son's difficult life and previous experiences with violent crime because testimony did not unduly prejudice petitioner. 		Criminal Law and Procedure 9th Feb. 4, 2020
People v. Frederickson
Penal Code Section 318 provides a narrow exception to a capital defendant's general Sixth Amendment right to plead guilty because it advances a compelling state interest in preventing erroneous executions. 		Criminal Law and Procedure CASC Feb. 4, 2020
Amended Opinion: 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 Feb. 4, 2020
People v. Cervantes
Felony murder rule under Senate Bill No. 1437 Section 1170.95 is not applicable to the crime of voluntary manslaughter when petitioning for re-sentencing. 		Criminal Law and Procedure 2DCA/6 Feb. 3, 2020
In re Howerton
Under Penal Code Section 3051, defendant was not eligible for release on parole at youth offender parole hearing because he was previously entitled to parole consideration hearing pursuant to another statutory provision. 		Criminal Law and Procedure 5DCA Feb. 3, 2020
People v. Winn
SB 136 allows imposition of one-year enhancement for prison prior term only if prior conviction is for a sexually violent offense; thus, defendant's five one-year prison terms were stricken. 		Criminal Law and Procedure 6DCA Feb. 3, 2020
Morales v. Sherman
A petition is not second or successive when there is an amended judgment and the petition is the first one following that amended judgment. 		Criminal Law and Procedure 9th Jan. 31, 2020
People v. Hoyt
Capital defendant's showing that trial counsel was unqualified to try a capital case per the California Rules of Court was not enough to sustain an ineffective assistance of counsel claim. 		Criminal Law and Procedure CASC Jan. 31, 2020
People v. Kerbs
Extension of a civil commitment under Penal Code Section 1026.5(b) must be buttressed by substantial evidence; conjectural testimony regarding an individual's future dangerousness cannot justify a commitment's extension. 		Criminal Law and Procedure 1DCA/2 Jan. 30, 2020
Parsons v. Ryan
A coercive and compensatory contempt order is civil in nature and thus does not provide the same due process protections as a criminal contempt order. 		Criminal Law and Procedure 9th Jan. 30, 2020
People v. Adams
'People v. Duenas's holding was in error; indigent defendants do not have a due process right entitling them to an ability-to-pay hearing prior to the court imposing fines and fees. 		Criminal Law and Procedure 6DCA Jan. 30, 2020
People v. Vasquez
Substantial evidence supported trial court's implied finding that defendant acted with separate objective and intent when he stabbed victim than he did when he bit her; thus, multiple punishments were appropriate. 		Criminal Law and Procedure 2DCA/5 Jan. 29, 2020
People v. Cota
Penal Code Section 954 prohibits dual convictions for assault under Section 245(a)(1) and (a)(4) because they are different statements of the same offense. 		Criminal Law and Procedure 4DCA/3 Jan. 29, 2020
Modification: 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. 29, 2020
Zemek v. Superior Court
A court's denial of a Section 995 motion will be upheld if evidence shows either express malice or implied malice. 		Criminal Law and Procedure 4DCA/2 Jan. 24, 2020
People v. Leon
Although officers did not alert defendant to his right to have the Mexican consulate notified of his detention, defendant's statements were properly admitted because no prejudice flowed from the omission. 		Criminal Law and Procedure CASC Jan. 24, 2020
People v. Partee
A witness's passive failure to testify in murder trial is not an overt act that would justify an 'accessory after the fact' to murder conviction. 		Criminal Law and Procedure CASC Jan. 24, 2020
People v. Yanez
Admitting expert gang testimony directly relevant to motive is not an abuse of discretion unless its probative value is outweighed by the risk of prejudice. 		Criminal Law and Procedure 4DCA/2 Jan. 23, 2020
People v. Robins
Even if every attempted *Estes* robbery is necessarily a completed crime, the crime of attempt still exists and may be punished under Penal Code Section 663. 		Criminal Law and Procedure 4DCA/3 Jan. 23, 2020
In re Duval
Petitioner's relief granted in habeas corpus petition because state failed to respond to mandated show cause order, insisting 'a return was moot.' 		Criminal Law and Procedure 4DCA/3 Jan. 23, 2020
People v. Romero
A defendant is not relieved from liability for inflicting mayhem merely because the injury can be improved by medical intervention. 		Criminal Law and Procedure 2DCA/2 Jan. 22, 2020
Cook v. Kernan
Anti-Terrorism and Effective Death Penalty Act's procedural deference to state court fact-finding barred federal habeas petitioner's newly developed claim that his confession was coerced because interrogating officer pointed gun at petitioner's head. 		Criminal Law and Procedure 9th Jan. 22, 2020
U.S. v. Soto-Barraza
'Dual criminality' requirement of Mexican extradition treaty does not require crimes to be identical if the criminalized acts are essentially the same and the countries' laws are substantially analogous. 		Criminal Law and Procedure 9th Jan. 21, 2020
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 Jan. 21, 2020
Modification: 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 Jan. 17, 2020
Bearchild v. Cobban
Prison guards' 'need to use force' during patdown search should not be considered because inmates subjected to sexual assault during search alone violates 8th Amendment. 		Criminal Law and Procedure 9th Jan. 17, 2020
People v. Humphrey
A trial court can correct an abstract of judgment for clerical errors post-conviction; such a correction does not 'recall' the original sentence and the underlying conviction remains final. 		Criminal Law and Procedure 4DCA/1 Jan. 17, 2020
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