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Modification: People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. 		Criminal Law and Procedure 1DCA/1 Jun. 19, 2019
Martinez v. Ryan
Arizona Supreme Court applied an unconstitutional causal nexus test under 'Eddings v. Oklahoma' but appellant was not prejudiced by constitutional error; thus, denial of writ of habeas corpus affirmed. 		Criminal Law and Procedure 9th Jun. 19, 2019
Gamble v. United States
Dual sovereignty doctrine, under which two offences are not the same offences in double jeopardy analysis if prosecuted by separate sovereigns, should not be overturned. 		Criminal Law and Procedure USSC Jun. 18, 2019
People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Jun. 18, 2019
People v. McShane
Jury instruction for voluntary manslaughter under a heat of passion theory must have sufficient evidence of adequate provocation; thus, mere automobile theft and 'cooling off' period rendered evidence insufficient. 		Criminal Law and Procedure 4DCA/2 Jun. 17, 2019
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 Jun. 14, 2019
Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed. 		Criminal Law and Procedure 9th Jun. 14, 2019
People v. Raybon
Under Health and Safety Code Section 11362.1, possession of less than an ounce of cannabis in prison is no longer a felony; thus, defendants' convictions reversed. 		Criminal Law and Procedure 3DCA Jun. 13, 2019
Gouveia v. Espinda
Trial court's manifest-necessity determination was erroneous because trial court failed to provide any meaningful consideration of alternatives to mistrial; thus, retrying defendant would violate Double Jeopardy Clause. 		Criminal Law and Procedure 9th Jun. 13, 2019
People v. John
A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges, so defendant's plea agreement was null and void. 		Criminal Law and Procedure 4DCA/2 Jun. 13, 2019
People v. Kidd
Officer detained defendant by pulling behind him and shining spotlights on defendant's vehicle without reasonable suspicion that crime was about to occur, so subsequently seized evidence should be excluded. 		Criminal Law and Procedure 4DCA/2 Jun. 12, 2019
U.S. v. Bain
Defendant's inadvertent placement of closed pocket knife on bank counter did not put in jeopardy the life of any person by the use of a dangerous weapon; thus, armed robbery conviction reversed. 		Criminal Law and Procedure 9th Jun. 12, 2019
Quarles v. United States
Michigan statute underlying defendant's third-degree home invasion prior conviction substantially corresponded to or was narrower than generic burglary; thus, defendant's prior conviction qualified as burglary under Armed Career Criminal Act. 		Criminal Law and Procedure USSC Jun. 11, 2019
U.S. v. Yong
Defendant's guilty plea made in exchange for leniency to third party was not involuntarily because government had probable cause to prosecute third party at time of guilty plea. 		Criminal Law and Procedure 9th Jun. 10, 2019
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 Jun. 7, 2019
U.S. v. Brown
Officers responding to an anonymous tip that young, black man possessed a gun was insufficient to support a stop and frisk of defendant under 'Terry v. Ohio.' 		Criminal Law and Procedure 9th Jun. 6, 2019
People v. Gutierrez
Defendant twice failed to exercise statutory right to request that the court consider ability to pay in setting a restitution fine; thus, he forfeited challenge to those fines and fees. 		Criminal Law and Procedure 4DCA/1 Jun. 6, 2019
Modification: People v. Warner
Trial court did not err in finding that there was sufficient evidence to show that defendant intended to kill under 'kill zone' theory and to so instruct the jury. 		Criminal Law and Procedure 3DCA Jun. 5, 2019
Mont v. U.S.
Pretrial detention qualifies as 'imprisonment in connection with a conviction' under 18 U.S.C. Section 3624(e) if a subsequent sentence credits that detention as time served, tolling defendant's supervised release term. 		Criminal Law and Procedure USSC Jun. 4, 2019
People v. Osotonu
Defendant who bombed an ATM entered an area objectively off-limits to the public with intent to steal therefrom; thus, he could not have his burglary conviction recast as misdemeanor shoplifting. 		Criminal Law and Procedure 1DCA/4 Jun. 4, 2019
People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. 		Criminal Law and Procedure CASC Jun. 4, 2019
In re Cook
Defendant entitled to a hearing under Penal Code Sections 3051 and 4801 may seek a 'People v. Franklin' proceeding despite defendant's sentence being otherwise final. 		Criminal Law and Procedure CASC Jun. 4, 2019
People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances. 		Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
People v. Fryhaat
The trial court erred in summarily denying defendants' motion to vacate his conviction without a hearing, without his presence and without appointed counsel in violation of section 1473.7. 		Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
U.S. v. Graves
Penal Code Section 4573.6 was overbroad and not divisible, so defendant's prior conviction did not qualify as a predicate drug trafficking offense triggering a mandatory term of life imprisonment. 		Criminal Law and Procedure 9th May 31, 2019
Modification: People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
People v. Hurtado
The trial court's restitution order had some factual nexus to the damage caused by defendant's conduct; thus, trial court did not abuse its discretion in awarding victim restitution. 		Criminal Law and Procedure 4DCA/1 May 30, 2019
Modification: People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
In re E.P.
Locker rooms of public hockey facility were not objectively identifiable as off-limits to public; thus, prosecution failed to prove that defendant did not commit new crime of shoplifting. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
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