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U.S. v. Cuevas-Lopez
A criminal defendant's sentencing for a felony may be aggregated to determine sentencing enhancements if it falls under the 'single sentence rule' in United States Federal Sentencing Guidelines section 4A1.2(a)(2). 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Begay
Second degree murder may be committed recklessly, thus does not qualify as categorical crime of violence. 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Shayota
Even if district court erred in finding witnesses who asserted Fifth Amendment privilege were unavailable for Confrontation Clause purposes, error was harmless due to the strength of the government's case. 		Criminal Law and Procedure 9th Aug. 20, 2019
People v. Santos
Prior to imposing court operations fines and criminal conviction assessments , a trial court must determine whether the criminal defendant is indigent or has the ability to pay the fine. 		Criminal Law and Procedure 6DCA Aug. 19, 2019
People v. Sanchez
Prosecutor did not misstate intent element of charged offense in closing, so defense counsel's failure to object could not constitute deficient performance. 		Criminal Law and Procedure 2DCA/2 Aug. 19, 2019
U.S. v. Crum
Conviction for delivery of methamphetamine under Oregon Revised Statutes Section 475.890 qualified as a U.S.S.G. Section 4B1.2 "controlled substance offense" warranting assignment of a higher base offense level. 		Criminal Law and Procedure 9th Aug. 19, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
In Mentally Disordered Offender proceeding, court will reverse only if it is more probable than not that appellant would have received a better result had he been allowed to represent himself. 		Criminal Law and Procedure 2DCA/6 Aug. 16, 2019
People v. Burns
Record could be read to support all six threshold mental health diversion eligibility requirements; thus, matter remanded to trial court to hold a diversion eligibility hearing. 		Criminal Law and Procedure 4DCA/1 Aug. 16, 2019
People v. Moses
Under Penal Code Section 236.1(c), human trafficking of a minor, the victim must actually be a minor and not an adult assuming the role of a minor. 		Criminal Law and Procedure 4DCA/3 Aug. 16, 2019
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. 16, 2019
Wolf v. Superior Court
Under California Rules of Court, rule 8.851(a)(1), the appellate division must appoint counsel to a defendant subject to incarceration and who was represented by counsel at the trial level. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
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 Aug. 15, 2019
People v. Meza
Defendant did not forfeit statute of limitations challenge to time-barred lesser included offense occurred because defendant's general assent to prosecution's jury instructions did not establish he understood their full consequences. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
People v. Stout
A firearm enhancement must be stricken from a conviction if the firearm was not used in the commission of the underlying charge, under California Penal Code Section 25800. 		Criminal Law and Procedure 3DCA Aug. 14, 2019
People v. Tirado
Penal Code Sections 12022.53(h) and 1385 provide trial courts discretion to strike or dismiss Section 12022.53 enhancements, but not to substitute enhancements not alleged for those actually alleged. 		Criminal Law and Procedure 5DCA Aug. 14, 2019
People v. Flores
Defendant's 'unprovoked headlong flight' in high crime area upon seeing police did not provide legal cause for investigatory detention. 		Criminal Law and Procedure 4DCA/3 Aug. 14, 2019
U.S. v. Nejad
Court may order forfeiture in the form of personal money judgment against defendant, and government may attempt to satisfy judgment with any substitute property it locates in the future. 		Criminal Law and Procedure 9th Aug. 14, 2019
U.S. v. Hernandez-Martinez
'Hughes v. United States' was not clearly irreconcilable with 'United States v. Padilla-Diaz', so 'Padilla-Diaz' remained binding precedent concerning the interplay between U.S.S.G. Section 1B1.10(b)(2)(A) and 18 U.S.C. Section 3582(c)(2). 		Criminal Law and Procedure 9th Aug. 14, 2019
U.S. v. Sainz
The government must expressly invoke defendant's 18 U.S.C. Section 3582(c)(2) waiver to avoid waiving it, and merely claiming it was silent and did not intend to waive waiver was insufficient. 		Criminal Law and Procedure 9th Aug. 13, 2019
Young v. Pfeiffer
A successive 28 U.S.C. Section 2254 habeas petition cannot be filed if the defendant fails to show that the Supreme Court intended for the new rule to retroactively apply. 		Criminal Law and Procedure 9th Aug. 13, 2019
In re Masters
Defendant not entitled to habeas corpus relief on his claim that witness testified falsely at his trial because court appointed referee did not believe witness' recantation of trial testimony. 		Criminal Law and Procedure CASC Aug. 13, 2019
U.S. v. Jobe
Twenty one day delay did not evince negligence on the part of the special agent, let alone deliberate and culpable misconduct; thus, exclusionary rule did not apply. 		Criminal Law and Procedure 9th Aug. 12, 2019
Riley v. Filson
State's Federal Rule of Civil Procedure 60(b)(6) motion to reopen final judgment was properly denied because no change in Nevada law regarding distinct statutory elements of first-degree murder occurred. 		Criminal Law and Procedure 9th Aug. 12, 2019
People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct. 		Criminal Law and Procedure CASC Aug. 9, 2019
People v. Centeno
Under Penal Code Section 1203.06, a court cannot grant probation to someone who commits a robbery with a firearm even if the court had the discretion to strike the firearm enhancement. 		Criminal Law and Procedure 4DCA/1 Aug. 9, 2019
People v. Jefferson
Defendant was ineligible for mental health diversion under Penal Code Section 1001.36 because the trial court clearly indicated it did not believe defendant's alleged mental disorder influenced his criminal acts. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
People v. Gutierrez-Salazar
Because jury found true a felony-murder special circumstance which tracks language of Senate Bill 1437 and the new felony-murder statutes, any potential instructional error would be harmless. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
People v. Pierce
Trial court did not commit prejudicial error when it refused to strike reference to Penal Code Section 550(a)(5) from conspiracy charge as mere surplusage. 		Criminal Law and Procedure 5DCA Aug. 6, 2019
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 Aug. 6, 2019
People v. Abdullah
Trial court did not recall defendant's sentence under Penal Code Section 1170(d)(1), so resentencing him as if he had not previously been sentenced was not necessary. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2019
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