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U.S. v. Waggy
A conviction under the Washington Revised Code Section 9.61.230(1)(a),(b) does not violate the First Amendment because it prohibits harassing conduct and does not implicate protected speech. 		Criminal Law and Procedure 9th Sep. 6, 2019
Clark v. Chappell
Petitioner's claim that his rights to due process and impartial jury were violated when juror communicated with minister about case during trial was remanded in light of 'Godoy v. Spearman.' 		Criminal Law and Procedure 9th Sep. 6, 2019
Modification: People v. Superior Court (T.D.)
Senate Bill No. 1391 promotes Proposition 57's goal of juvenile rehabilitation, by ensuring virtually all 14- and 15-year-olds who commit crimes will be processed through the juvenile justice system. 		Criminal Law and Procedure 5DCA Sep. 5, 2019
People v. Kumar
If a court fails to define 'criminal negligence' in its jury instructions, there is no error if the instructions and the arguments correctly inform the jury of the criminal elements. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2019
Ward v. United States
A prior conviction falls under the Armed Career Criminal Act's force clause as a predicate offense if the conviction involved the amount of force necessary to overcome a victim's resistance. 		Criminal Law and Procedure 9th Sep. 4, 2019
People v. Force
Prosecutors are not allowed to engage in conduct that undermines the willingness of a defense witness to take the stand by making comments about the prospect of perjury before trial. 		Criminal Law and Procedure 4DCA/3 Sep. 3, 2019
People v. Hall
Defendant made no claim of error to trial court, either at time of sentencing or after, as required by Penal Code Section 1237.2; thus claim was dismissed. 		Criminal Law and Procedure 2DCA/8 Sep. 3, 2019
U.S. v. Chi
Elements of 'bribery of a public official' were included in South Korean Criminal Code Article 129, so it fell within 18 U.S.C. Section 1956(c)(7)(B)(iv) and qualified as an offense against a foreign nation. 		Criminal Law and Procedure 9th Sep. 3, 2019
In re Vaquera
Under Section 667.61, a pleading itself is a valid form of notice if it alleged facts sufficient to give the defendant fair notice of the alleged crime and sentence enhancement. 		Criminal Law and Procedure 4DCA/3 Aug. 30, 2019
In re R.C.
'Concealed' in context of Penal Code Section 647(j)(3)(A) can take on various plain meanings, and defendant's argument attempting to apply only one meaning was unpersuasive. 		Criminal Law and Procedure 2DCA/4 Aug. 30, 2019
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 Aug. 30, 2019
Modification: In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition. 		Criminal Law and Procedure CASC Aug. 30, 2019
People v. Cadena
Defendant's life sentence violated constitutional prohibition against cruel or unusual punishment when defendant briefly touched minor victims over their clothes, was remorseful and had no prior criminal history. 		Criminal Law and Procedure 2DCA/1 Aug. 29, 2019
U.S. v. Hanson
District court violated Ex Post Facto Clause by applying 18 U.S.C. Section 3583(k), enacted after defendant was initially convicted, rather than Section 3583(e)(3), the applicable statute at time of conviction. 		Criminal Law and Procedure 9th Aug. 29, 2019
U.S. v. Lillard
'Period of incarceration' under Section 3664(n) of the Mandatory Victims Restitution Act does not include pretrial detention and therefore does not apply to funds received during periods of pretrial detention. 		Criminal Law and Procedure 9th Aug. 29, 2019
U.S. v. McAdory
An offense is a predicate felony for conviction under Section 922(g)(1) if it is punishable by imprisonment for more than a year and the defendant is exposed to such sentences. 		Criminal Law and Procedure 9th Aug. 29, 2019
People v. Sapienza
Defendant failed to appeal imposed judgment which was suspended in order to place him on probation; thus, defendant not entitled to pretrial diversion program because his judgment was final. 		Criminal Law and Procedure 4DCA/2 Aug. 28, 2019
People v. Gonzalez
Under Penal Code Section 667(c) any sentence imposed will be served consecutive to any other sentence if the defendant is 'already serving' for a prior conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2019
People v. Montellano
Trial court's preliminary eligibility determination, alone, did not entitle defendant to a second-strike sentence, so the ruling did not necessarily impact the People's substantial rights and was not appealable. 		Criminal Law and Procedure 2DCA/5 Aug. 28, 2019
U.S. v. Fitzgerald
Under 'United States v. Johnson,' when determining whether or not a sentencing enhancement applies to a 'wobbler' conviction, the court must observe how the lower court treated the conviction. 		Criminal Law and Procedure 9th Aug. 27, 2019
People v. Fontenot
Although attempted kidnapping is not a lesser included offense of kidnapping, Penal Code Section 1159 also allows the factfinder to find defendant guilty of an attempt of the charged crime. 		Criminal Law and Procedure CASC Aug. 27, 2019
People v. Aledamat
Trial court erroneously permitted jury to consider box cutter an inherently deadly weapon but given the additional jury instruction, the error was harmless. 		Criminal Law and Procedure CASC Aug. 27, 2019
Castillo v. Superior Court
Under Penal Code Section 859b's 60-day rule dismissal is required of a felony complaint when the preliminary hearing is continued for more than 60 days from arraignment. 		Criminal Law and Procedure 1DCA/3 Aug. 23, 2019
People v. Lopez
Senate Bill 1437 allows appellants to petition for relief as to their convictions for second degree murder under the natural and probable consequences doctrine, but their attempted premeditated murder convictions stand. 		Criminal Law and Procedure 2DCA/7 Aug. 23, 2019
People v. Torfason
A mentally disordered offender may not be recommitted based on a different mental disorder than the one he was initially committed for under Mentally Disordered Offender Act Section 2966(c). 		Criminal Law and Procedure 2DCA/6 Aug. 23, 2019
People v. Foster
Proposition 47 does not apply to retroactively invalidate a properly imposed mentally disordered offender commitment or to invalidate subsequent recommitments. 		Criminal Law and Procedure CASC Aug. 23, 2019
People v. Grundfor
Trial court properly ordered defendant to pay full restitution of plaintiff-victim's attorney fees, in part, since a settlement between plaintiff-victim and defendant's insurer only released defendant from further civil liability. 		Criminal Law and Procedure 2DCA/6 Aug. 23, 2019
Williams v. Superior Court
Deputy district attorney improperly exercised judicial branch authority by dismissing grand juror in the presence of other grand jurors, and petitioner's motion to dismiss the indictment should have been granted. 		Criminal Law and Procedure 3DCA Aug. 22, 2019
U.S. v. Green
Sentencing court erred by concluding that it could not first hear defendant's allocution before determining whether reduction for acceptance of responsibility was warranted under Sentencing Guidelines. 		Criminal Law and Procedure 9th Aug. 22, 2019
People v. Rodriguez
Under Penal Code Section 1473.7, a criminal defendant's motion to vacate may not be considered untimely if the statute was enacted later on in his trial proceedings. 		Criminal Law and Procedure 4DCA/2 Aug. 20, 2019
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