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People v. Hernandez
Petitioner qualified for reclassification of burglary conviction as misdemeanor shoplifting given the facts underlying the offense, which dictated he could only be charged with shoplifting, not burglary, under Proposition 47. 		Criminal Law and Procedure 4DCA/2 Aug. 5, 2019
People v. Pearson
Record did not affirmatively establish the trial court failed to consider factors it must consider, so it did not abuse its discretion by denying defendant's request to strike firearm enhancement. 		Criminal Law and Procedure 2DCA/1 Aug. 2, 2019
People v. Kopp
Properly instructed jury would have only found a single conspiracy when case involved same coconspirators, prosecution offered same overt acts, and relied on same evidence; thus, one count of conspiracy was reversed. 		Criminal Law and Procedure 4DCA/1 Aug. 2, 2019
In re A.L.
Juvenile court's comments did not establish clear misapplication of the law necessitating reversal, and the juvenile court applied the correct standard under Penal Code Section 243(b). 		Criminal Law and Procedure 6DCA Aug. 1, 2019
U.S. v. Fabian-Baltazar
Under 'Garza v. Idaho,' attorney provides ineffective assistance by failing to file notice of appeal after client requests to do so, even if client signed appeal waiver; thus, remand was warranted. 		Criminal Law and Procedure 9th Jul. 31, 2019
People v. DeJesus
Parolees are not eligible for relief pursuant to Penal Code Section 1473.7 because they are in 'constructive' criminal custody. 		Criminal Law and Procedure 2DCA/3 Jul. 30, 2019
People v. Patton
Probationers do not enjoy the same absolute liberty as law-abiding citizens, therefore a condition that permits the warrantless search of a probationer's cell phone is constitutional. 		Criminal Law and Procedure 4DCA/1 Jul. 29, 2019
People v. Young
Trial court erred in permitting prosecution on rebuttal to introduce substantial evidence concerning defendant's racist beliefs simply for the light the offensiveness of those beliefs shed on his character. 		Criminal Law and Procedure CASC Jul. 26, 2019
Amended Opinion: U.S. v. Perez
Conviction under Penal Code Section 243(d) fits squarely within the definition of 'crime of violence' under U.S.S.G. Section 4B1.2(a), so no error occurred in defendant's sentencing. 		Criminal Law and Procedure 9th Jul. 26, 2019
West v. City of Caldwell
The lack of voluntariness to enter plaintiff's home was not so clearly established to police that officer would have known that plaintiff's consent was not voluntary; thus, officer entitled to qualified immunity. 		Criminal Law and Procedure 9th Jul. 26, 2019
People v. Turner
Trial court has no duty to sua sponte instruct jury that prosecution must prove great bodily injury as an element of mayhem. 		Criminal Law and Procedure 3DCA Jul. 25, 2019
U.S. v. Corrales-Vazquez
Under 8 U.S.C. Section 1325(a)(2), the crime of 'eluding examination or inspection by immigration officers' can be committed only where and when examinations or inspections occur, specifically, open ports of entry. 		Criminal Law and Procedure 9th Jul. 25, 2019
U.S. v. Lindsay
18 U.S.C. Section 2423(c), which prohibits engaging in illicit sexual conduct in foreign places, did not exceed Congress's authority under Foreign Commerce Clause, as applied to criminalization of non-commercial sexual abuse of minor. 		Criminal Law and Procedure 9th Jul. 24, 2019
U.S. v. Iwai
Exigent circumstances existed to justify government's warrantless entry into defendant's residence because it was reasonable to conclude that destruction of incriminating evidence was occurring. 		Criminal Law and Procedure 9th Jul. 24, 2019
U.S. v. Myers
When weighing whether the state or federal government violated someone's right to a speedy trial under the Sixth Amendment, the court must consider the nature and circumstances of the delay. 		Criminal Law and Procedure 9th Jul. 23, 2019
U.S. v. Mixon
Appellant's arguments for attorneys' fees award under Hyde Amendment centered on investigating agents' conduct, rather than any independent prosecutorial misconduct or the government's litigating position, and thus failed. 		Criminal Law and Procedure 9th Jul. 23, 2019
People v. North River Insurance Co.
A motion to vacate forfeiture and exonerate a bail bond may be granted when the criminal defendant fails to appear under Section 1305(a) of the California Penal Code. 		Criminal Law and Procedure 6DCA Jul. 23, 2019
People v. Cooper
Defendant's statements to police regarding inability to perform field sobriety tests and refusal to submit to breath or blood tests were voluntary and not barred by the Fifth Amendment. 		Criminal Law and Procedure 2DCA/3 Jul. 22, 2019
People v. Rubio
When officers have reason to suspect that a crime is being perpetrated or that an individual has been injured, a warrantless entry does not violate the Fourth Amendment. 		Criminal Law and Procedure 1DCA/4 Jul. 22, 2019
Satele v. Superior Court
Trial court erred in denying access to evidence based on defendant's failure to establish 'good cause' under Penal Code Section 1054.9(d) because statute does not apply to request for access to court exhibits. 		Criminal Law and Procedure CASC Jul. 19, 2019
People v. Williams
Defendants who made a plea deal must obtain a certificate of probable cause before asking, on appeal, for a remand for resentencing under Senate Bill No. 1393. 		Criminal Law and Procedure 2DCA/8 Jul. 18, 2019
In re Rogers
Petitioner was entitled to habeas corpus relief because material false evidence was presented at his trial, namely that witness testified falsely both in her identification of petitioner and concerning circumstances surrounding it. 		Criminal Law and Procedure CASC Jul. 16, 2019
People v. Marsh
Defendant 'used' victim's own vehicle as a deadly weapon which was 'likely to produce death or great bodily injury' when defendant purposely severed both of its brake lines. 		Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
People v. Sexton
Reasonable jurors would not understand CALCRIM No. 850 to mean that if they found characteristics of intimate partner battering satisfied, then the alleged victim was necessarily telling the truth. 		Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
Bottinelli v. Salazar
Congress provided 'clear direction' in First Step Act of 2018 to delay the implementation of good time credit amendment until Attorney General establishes the 'risk and needs assessment system.' 		Criminal Law and Procedure 9th Jul. 16, 2019
People v. Bay
In order to be found guilty of possession of burglary tools under California Penal Code Section 466, the defendant must actually possess the prohibited items. 		Criminal Law and Procedure 1DCA/1 Jul. 12, 2019
U.S. v. Phillips
A murder-for-hire agreement need not comport with contract rules and promising forgiveness of a debt was sufficient consideration to support the pecuniary value requirement of 18 U.S.C. Section 1958. 		Criminal Law and Procedure 9th Jul. 12, 2019
U.S. v. Perez
Conviction under Penal Code Section 243(d) fits squarely within the definition of 'crime of violence' under U.S.S.G. Section 4B1.2(a), so no error occurred in defendant's sentencing. 		Criminal Law and Procedure 9th Jul. 12, 2019
U.S. v. Carey
Under 36 C.F.R. Section 2.17(a)(3)'s permit exception, defendant bore the burden of proof that he was permitted to BASE jump; thus, conviction affirmed. 		Criminal Law and Procedure 9th Jul. 11, 2019
U.S. v. Evans
To prevail on a Medical Use of Cannabis Act defense, defendant must prove he is a 'designated provider' or 'qualifying patient,' and that he possesses no more marijuana than authorized. 		Criminal Law and Procedure 9th Jul. 10, 2019
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