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Modification: People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
People v. Craine
Penal Code Section 1001.36 does not apply retroactively to defendants whose cases have progressed past trial, adjudication of guilt, and sentencing. 		Criminal Law and Procedure 5DCA May 28, 2019
People v. Austin
Parole condition restricting defendant from contacting victim was vague as written, particularly in light of a patent ambiguity in underlying case which was never clarified; thus, order reversed. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
People v. Galindo
If parties have already agreed upon a negotiated plea, a defendant must obtain a certificate of probable cause to pursue an appeal challenging a sentence under Senate Bill 1393. 		Criminal Law and Procedure 1DCA/1 May 24, 2019
In re Webb
Trial courts possess inherent authority to impose reasonable bail conditions related to public safety on felony defendants who are released on monetary bail. 		Criminal Law and Procedure CASC May 24, 2019
People v. Erskine
Evidence of defendant's prior rape and murder convictions were admissible under Evidence Code Section 1108 due to numerous similarities with the highly inflammatory charged crimes. 		Criminal Law and Procedure CASC May 24, 2019
People v. Rivera
Defendant specifically intended murder of police officer to benefit and promote gang where officer led investigation into gang, defendant had personally interacted with officer, and bullet matched firearm used in prior gang shooting. 		Criminal Law and Procedure CASC May 24, 2019
People v. Astorga-Lider
Deed of trust was a forgery void ab initio because signing fraudulent home loan scheme victims believed the documents were substantially different and had no intention of encumbering the property. 		Criminal Law and Procedure 4DCA/1 May 23, 2019
People v. Grandberry
Defendant failed to explain or deny incriminating fact that was within his knowledge to address; thus, jury instruction pursuant to CALCRIM No. 361 was not error. 		Criminal Law and Procedure 1DCA/1 May 22, 2019
Richard Molina v. The Superior Court of Orange County
A superior court judge cannot mandate another superior court judge to vacate a judgment; thus, the writ of mandamus is denied. 		Criminal Law and Procedure 4DCA/3 May 21, 2019
Modification: People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him. 		Criminal Law and Procedure 4DCA/1 May 21, 2019
People v. Reyes
Trial court abused discretion by excluding as unreliable confession by co-defendant that firearm in question belonged to him, especially when confession had provided support for earlier case against that co-defendant. 		Criminal Law and Procedure 1DCA/2 May 21, 2019
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 May 20, 2019
People v. Jimenez
Defendant's due process rights were violated when trial court imposed terms of 25 years to life based on unpleaded sentencing enhancements, of which defendant was not put on notice. 		Criminal Law and Procedure 6DCA May 20, 2019
People v. Smith
Penal Code Section 1381 does not apply to a probation violation proceeding in which defendant was previously sentenced to a specific term, but execution of that sentence was suspended. 		Criminal Law and Procedure 2DCA/2 May 20, 2019
In re Robinson
Proposition 66 allows petitions filed before its enactment to be subject to its procedures; thus, the Supreme Court's order to show cause for habeas corpus is discharged. 		Criminal Law and Procedure 2DCA/2 May 20, 2019
Modification: In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition. 		Criminal Law and Procedure 1DCA/4 May 20, 2019
U.S. v. Singh
The federal government's plenary power under the Constitution provided Congress with power to prohibit foreign nationals from donating and contributing to state and local elections under the Federal Election Campaign Act. 		Criminal Law and Procedure 9th May 17, 2019
Garcia v. U.S.
Defendant failed to meet the constitutional requirement in 28 U.S.C Section 2255(h)(2); thus, the denial of his application for authorization to file a second or successive petition was affirmed. 		Criminal Law and Procedure 9th May 17, 2019
People v. Dalton
Although trial court erred in imposing death sentence based upon conspiracy conviction because conspiracy to commit murder does not render a defendant death eligible, substantial evidence supported defendant's conviction for first-degree murder. 		Criminal Law and Procedure CASC May 17, 2019
U.S. v. Audette
Defendant who deliberated with counsel before stating he wished to proceed pro se and disagreed solely about the means of achieving objectives, knowingly, and intelligently waived assistance of counsel. 		Criminal Law and Procedure 9th May 15, 2019
County of Orange v. Seneca Insurance Co.
The trial court did not err in concluding appellant may not act as a surety on bail since the defendant failed to appear and the bail bond remained unpaid thereafter. 		Criminal Law and Procedure 4DCA/3 May 15, 2019
People v. Zamora
Defendant was entitled to remand for the trial court to exercise its newly-granted discretion whether to strike firearm and serious felony enhancements under Senate Bills No. 620 and 1393. 		Criminal Law and Procedure 4DCA/2 May 15, 2019
People v. Johnson
A trial court's assessment of defendant's ability to pay restitution and fines includes an assessment of defendant's ability to obtain prison wages; thus, restitution fine was affirmed. 		Criminal Law and Procedure 1DCA/4 May 14, 2019
Kayer v. Ryan
There was a reasonable probability defendant's sentence would have been less than death if trial counsel had presented evidence of his mental illness at sentencing; thus, death sentence reversed. 		Criminal Law and Procedure 9th May 14, 2019
Modification: People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence. 		Criminal Law and Procedure 2DCA/6 May 14, 2019
U.S. v. Fultz
Although Supreme Court invalidated 'residual clause' of Armed Career Criminal Act, defendant's robbery conviction qualified as 'crime of violence' under 'elements clause;' thus, he was ineligible for relief. 		Criminal Law and Procedure 9th May 13, 2019
U.S. v. Ruvalcaba-Garcia
The district court's failure to make an explicit reliability finding before admitting expert testimony constituted an abuse of discretion; however, the error was harmless. 		Criminal Law and Procedure 9th May 13, 2019
U.S. v. Orona
'Voisine v. United States' and 'Fernandez-Ruiz v. Gonzales' were not so irreconcilable that the court was not bound by 'Fernandez-Ruiz', which held Arizona Revised Statute Section 13-1203 was not a violent felony. 		Criminal Law and Procedure 9th May 13, 2019
People v. Ramirez
Defendants, who committed crime at age 16 in 2007, were entitled to a juvenile court transfer hearing before resentencing and after remand under Proposition 57 and 'People v. Lara.' 		Criminal Law and Procedure 4DCA/3 May 10, 2019
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