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People v. Keo
Local agency's dependency investigator, to whom defendant stated he committed murder and threatened the victim, was not a peace officer or law enforcement agent, so 'Miranda' did not apply. 		Criminal Law and Procedure 2DCA/7 Sep. 25, 2019
Modification: People v. Buchanan
Trial courts have discretion to impose concurrent sentences for multiple serious or violent felonies against a single victim if they were committed on the 'same occasion.' 		Criminal Law and Procedure 1DCA/5 Sep. 25, 2019
People v. Hicks
'People v. Duenas' was not good law because the due process strands it addressed did not dictate its rule, and thus it incorrectly interpreted those due process strands. 		Criminal Law and Procedure 2DCA/2 Sep. 25, 2019
People v. Ramirez
Criminal defendants have a right to have a proposed jury instruction provided that pinpoints their defense theory, but the court may refuse incorrect, argumentative, duplicative, or confusing instructions. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Bay
Missing element of felonious intent in jury instruction for crime of possessing burglary tools was not harmless error; thus, conviction was reversed. 		Criminal Law and Procedure 1DCA/1 Sep. 24, 2019
U.S. v. Becerra
District court committed plain structural error by only providing written jury instructions and failing to orally instruct jurors as to substantive law, so remand for a new trial was necessary. 		Criminal Law and Procedure 9th Sep. 24, 2019
People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 23, 2019
People v. Jenkins
Penal Code Section 1001.36 applies retroactively under 'People v. Lara' and on remand, defendant may attempt to make a prima facie showing of eligibility for pretrial diversion. 		Criminal Law and Procedure 4DCA/1 Sep. 20, 2019
People v. Mejia
True finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated. 		Criminal Law and Procedure 4DCA/3 Sep. 20, 2019
U.S. v. Shelby
Oregon first-degree robbery is not a violent felony under the Armed Career Criminal Act force clause because it "doesn't require physically violent force." Therefore, the sentencing enhancement may not apply. 		Criminal Law and Procedure 9th Sep. 20, 2019
People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Sep. 19, 2019
Klugman v. Superior Court
Information a year old is not considered stale where child pornography is concerned and therefore may be used to establish probable cause for a search warrant. 		Criminal Law and Procedure 6DCA Sep. 18, 2019
People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present. 		Criminal Law and Procedure 4DCA/1 Sep. 18, 2019
U.S. v. Garay
An officer may search a cellphone seized as inventory in preparation for a vehicle about to be towed, if the inventory search is not an excuse to rummage for evidence. 		Criminal Law and Procedure 9th Sep. 18, 2019
In re Cobbs
Petitioner's first degree murder conviction under either a felony murder or natural and probable consequences theory must be vacated and the matter remanded for resentencing in light of Senate Bill 1437. 		Criminal Law and Procedure 3DCA Sep. 18, 2019
People v. Aviles
'People v. Duenas' was wrongly decided; thus, constitutional challenge to imposition of fines, fees, and assessments should be based on Excessive Fines Clause of Eighth Amendment instead of due process. 		Criminal Law and Procedure 5DCA Sep. 17, 2019
U.S. v. Schopp
State statutes of convictions concerning sexual assault and sexual abuse not categorical match to federal definition of sexual exploitation of children; thus, district court erred by applying multiple-conviction enhancement. 		Criminal Law and Procedure 9th Sep. 17, 2019
Modification: People v. Caro
Because jury would not have reached a different result had the court excluded challenged statements under 'Miranda v. Arizona,' admission was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Sep. 16, 2019
People v. Caceres
Defendant's threats against his child's mother constituted domestic violence under Family Code Section 6211, a statutory section expressly cross-referenced in Penal Code Section 136.2(i)(1); thus, trial court properly issued protective order. 		Criminal Law and Procedure 2DCA/1 Sep. 16, 2019
In re A.W.
To enhance the crime of vandalism to a felony under California Penal Code Section 594, average costs may not be used to prove the defendant inflicted $400 or more in damages. 		Criminal Law and Procedure 4DCA/3 Sep. 16, 2019
People v. Thomas
Substantial evidence supported the trial court's conclusion petitioner intended to cause great bodily injury and not true finding on great bodily injury allegation did not preclude trial court's conclusion in resentencing eligibility context. 		Criminal Law and Procedure 2DCA/2 Sep. 16, 2019
People v. Hughes
Penal Code Section 1001.36 applies retroactively to cases in which judgment is not yet final for criminal defendants. 		Criminal Law and Procedure 1DCA/5 Sep. 13, 2019
U.S. v. Hong
Defendant did not attempt to pass himself off as his patients in fraudulent billing scheme; thus, defendant did not 'use' patient's identities within meaning of aggravated identity theft statute. 		Criminal Law and Procedure 9th Sep. 13, 2019
Ramirez v. Ryan
Petitioner's underlying claim of ineffective assistance of trial counsel was substantial, thus constituting 'prejudice' under 'Martinez Ramirez v. Ryan' and excusing procedural bar. 		Criminal Law and Procedure 9th Sep. 12, 2019
U.S. v. Campbell
Chapter 7 of the U.S. Sentencing Guidelines' lack of an express provision for consecutive sentencing upon revocation of multiple concurrent supervised release terms did not militate against availability of such a sentence. 		Criminal Law and Procedure 9th Sep. 12, 2019
People v. Torres
Penal Code Section 1001.36 may not be applied on appeal, after a criminal defendant's conviction and sentence, to determine if the mental health diversion applies. 		Criminal Law and Procedure 2DCA/6 Sep. 11, 2019
People v. Evans
Under California Penal Code Section 1202.4(f), a court does not need to consider a criminal defendant's ability to pay when imposing a restitution award. 		Criminal Law and Procedure 1DCA/4 Sep. 10, 2019
People v. Allison
California Rules of Court, Rule 8.304's certificate of probable cause requirement did not apply and habeas petition was not void because defendant filed the petition in superior court. 		Criminal Law and Procedure 1DCA/2 Sep. 9, 2019
People v. Munoz
Senate Bill No. 1437 does not apply retroactively to non-final judgments on appeal and does not apply to the offense of attempted murder. 		Criminal Law and Procedure 2DCA/3 Sep. 9, 2019
Amended Opinion: U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime. 		Criminal Law and Procedure 9th Sep. 6, 2019
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