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U.S. v. Carpenter
District court did not err in ordering public disclosure of defendant's duress defense in pre-trial offer of proof because right of access presumption can only be overcome by compelling reason. 		Criminal Law and Procedure 9th May 10, 2019
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 May 9, 2019
People v. Bates
Because defendant was unaware of victim's prior threatening conduct, such conduct was not relevant to show defendant's state of mind for purposes of self-defense; thus, trial court properly declined defendant's requested instruction. 		Criminal Law and Procedure 3DCA May 8, 2019
Amended Opinion: Hernandez v. Chappell
Although failure to present mental health evidence to support a diminished capacity defense was ineffective assistance of counsel, ample evidence of defendant's specific intent to rape and kill supported the jury's verdict. 		Criminal Law and Procedure 9th May 6, 2019
Bradford v. Davis
California Supreme Court's conclusions regarding admissibility of defendant's post-arrest statements were not contrary to, nor an unreasonable application of, federal law; thus, district court's grant of conditional writ vacating death sentence reversed. 		Criminal Law and Procedure 9th May 6, 2019
People v. Fox
Defendants seeking to avoid specific firearm enhancement term while maintaining their plea agreement may seek resentencing under Senate Bill No. 620 only if certificate of probable cause is first obtained. 		Criminal Law and Procedure 1DCA/1 May 6, 2019
U.S. v. Anieze-Smith
Medicare was directly harmed by defendant's conduct in course of her fraudulent scheme; thus, district court's conclusion that defendant was an active participant in entire fraudulent scheme was not clear error. 		Criminal Law and Procedure 9th May 3, 2019
People v. Bell
Denial of mistrial motions based on defendant's own courtroom misbehavior have been repeatedly upheld; thus, defendant's murder conviction affirmed. 		Criminal Law and Procedure CASC May 3, 2019
People v. Gonzales
After trial court and defense counsel declare doubt regarding defendant's competency, neither defendant nor counsel may withdraw such doubt, and a competency hearing must be held and criminal proceedings suspended. 		Criminal Law and Procedure 2DCA/6 May 3, 2019
People v. Morrison
If Welfare & Institutions Code Section 6601(d) evaluators initially disagree on sexually violent predator determination, but agree after peer review, the Department of State Hospitals must request a commitment petition be filed. 		Criminal Law and Procedure 2DCA/4 May 2, 2019
People v. Superior Court (Alexander C.)
Senate Bill 1391 is consistent with and furthers the intent of Proposition 57; thus, the district attorney's petition for writ of mandate is denied. 		Criminal Law and Procedure 1DCA/4 May 2, 2019
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 2, 2019
People v. Cawkwell
Amendment eliminating eligibility for sex offenders to receive diversion was not ex post facto law; amendment occurred years after defendant committed offenses, thus, he could not have relied on diversion. 		Criminal Law and Procedure 4DCA/1 May 2, 2019
People v. Accredited Surety & Casualty Co.
Failure to comply with procedural requirements of 'In re Humphrey' did not render bond void; nothing in 'Humphrey' relieves surety of its obligations under the bond once it has been executed. 		Criminal Law and Procedure 3DCA May 1, 2019
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 1, 2019
People v. Ramirez
To qualify as a dying declaration, statement must be made under the sense of immediate impending death; thus, the trial court did not err in denying admission of the victim's hospital record. 		Criminal Law and Procedure 2DCA/8 Apr. 30, 2019
People v. Sanchez
No abuse of discretion in trial court's finding that seven-year-old son of woman murdered was competent to testify; he understood difference between truth and lie and importance of telling the truth. 		Criminal Law and Procedure CASC Apr. 30, 2019
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 Apr. 30, 2019
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 Apr. 30, 2019
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 Apr. 30, 2019
People v. Cruz
Peace officer's nonconsensual blood draw of defendant, who signed probation orders stating he must submit to chemical testing at a peace officer's request, did not violate defendant's Fourth Amendment rights. 		Criminal Law and Procedure 5DCA Apr. 29, 2019
U.S. v. Wijegoonaratna
During closing arguments, prosecutors may make reasonable inferences based on the evidence presented at trial; thus, the district court did not err in denying defendant's allegation of prosecutorial misconduct. 		Criminal Law and Procedure 9th Apr. 29, 2019
People v. Martinez
CALCRIM No. 334 was improperly given in the trial court's instructions; however, there is no reasonable likelihood that the jury misunderstood that each element of the crime charged must be proven beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/6 Apr. 26, 2019
People v. Mazumder
Under Penal Code Section 851.8, an existing conviction precludes a defendant from obtaining a petition for a finding of factual innocence and the sealing and destruction of arrest records. 		Criminal Law and Procedure 4DCA/3 Apr. 26, 2019
People v. Rodriguez
After criminal proceedings are completed, a court may order reimbursement of attorney fees only after giving the defendant notice and an opportunity to be heard on the issue of his ability to pay. 		Criminal Law and Procedure 2DCA/3 Apr. 25, 2019
U.S. v. Rodriguez
In 18 U.S.C. Section 3582(c)(2) sentence reduction proceedings, the court must determine the drug quantity attributable to the defendant and may conduct supplemental fact-finding if necessary to make this determination. 		Criminal Law and Procedure 9th Apr. 25, 2019
In re Taylor
Actions after the fact of robbery murder insufficient to show that accomplice acted with reckless indifference to human life. 		Criminal Law and Procedure 1DCA/1 Apr. 23, 2019
U.S. v. Guerrero
After amendments to Federal Rule of Criminal Procedure 12, good-cause standard, rather than plain error review, continues to apply when defendant attempts to raise new theories on appeal for motion to suppress. 		Criminal Law and Procedure 9th Apr. 23, 2019
People v. Novoa
Substantial evidence supported trial court's finding that counsel's representation of defendant fell below standard of reasonableness under prevailing professional norms when he failed to explain adverse immigration consequences of defendant's plea. 		Criminal Law and Procedure 4DCA/1 Apr. 23, 2019
People v. Bipialaka
Defendant who donned mask with intent to scare others and who ran red light while swerving at cars in intersection properly conviction of assault with deadly weapon. 		Criminal Law and Procedure 2DCA/8 Apr. 19, 2019
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