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People v. Shiga
Penal Code Section 451 delineates a single offense of arson, and its subdivisions provide for sentencing depending on the burning's end result, so conviction under two subdivisions was improper. 		Criminal Law and Procedure 2DCA/7 Apr. 19, 2019
Washington v. Ryan
Defense counsel's performance was ineffective when counsel failed to adequately investigate, develop, and present mitigating evidence to the jury at the penalty phase of defendant's capital punishment trial. 		Criminal Law and Procedure 9th Apr. 18, 2019
People v. Medina
'Kill zone' jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Apr. 17, 2019
People v. Washington
Defendant, whose mother's retainer agreement with counsel provided for routine defense costs to be paid by mother, was not entitled to copies of supplemental discovery made at the county's expense. 		Criminal Law and Procedure 3DCA Apr. 16, 2019
People v. Hernandez
Senate Bill No. 620 does not apply retroactively to cases that become final, in order to assure that penal laws will maintain their desired deterrent effect. 		Criminal Law and Procedure 2DCA/6 Apr. 16, 2019
People v. Dearborne
Pinning down a victim and pressing an object the victim believed to be a gun into her side constituted force underlying a conviction for forcible rape. 		Criminal Law and Procedure 4DCA/3 Apr. 15, 2019
U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Apr. 15, 2019
People v. Easter
Substantial evidence was presented that defendant was experiencing new and worsened symptoms constituting substantial change of circumstances in his mental condition; thus, trial court erred in failing to reinstate competency proceedings. 		Criminal Law and Procedure 1DCA/2 Apr. 15, 2019
People v. Morrison
Courts have discretion to replace enhancements with lesser included enhancements, under Penal Code Section 12022.53(d). 		Criminal Law and Procedure 1DCA/5 Apr. 15, 2019
People v. Edwards
Penal Code Section 3051(h) provides youthful-offender parole hearings even for first degree murderers who receive de facto life sentences but excludes One Strikers; thus, Section 3051(h) violates principles of equal protection. 		Criminal Law and Procedure 1DCA/4 Apr. 12, 2019
People v. Lara
Proposition 47's ameliorative provisions did not apply to a Vehicle Code Section 10851(a) conviction for post-theft driving because the offense is a felony regardless of the value of property stolen. 		Criminal Law and Procedure 4DCA/2 Apr. 12, 2019
Modification: People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration. 		Criminal Law and Procedure CASC Apr. 12, 2019
People v. Stamps
Remand necessary for trial court, under Senate Bill No. 1393, to exercise newly-granted discretion to consider whether to strike a Penal Code Section 667(a)(1) enhancement contained in defendant's plea bargain. 		Criminal Law and Procedure 1DCA/4 Apr. 11, 2019
People v. Corrigan
The exception for multiple convictions of necessarily included offenses does not apply to Penal Code Sections 452(b) and (c), as these subdivisions set forth two different offenses. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2019
People v. Superior Court (Jones)
Prosecution's jury selection notes are discoverable by habeas counsel, where notes were referenced as including neutral basis for strike in 'Batson/Wheeler' hearing. 		Criminal Law and Procedure 4DCA/1 Apr. 10, 2019
United States v. Johnson
Defendant's concessions in district court foreclosed argument that his conviction under California Penal Code Section 245(a)(1) was not a felony crime of violence under U.S. Sentencing Guidelines Manual Section 2k2.1(a)(4)(A); thus, sentence affirmed. 		Criminal Law and Procedure 9th Apr. 10, 2019
People v. Frandsen
Where statutory elements of a crime are analyzed to determine if violent felony was committed, 'Johnson v. United States's holding regarding unconstitutional vagueness does not apply. 		Criminal Law and Procedure 2DCA/8 Apr. 8, 2019
Modification: People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. 		Criminal Law and Procedure 3DCA Apr. 8, 2019
Mutee v. U.S.
Conviction under North Carolina's breaking-or-entering statute qualifies as predicate felony under Armed Career Criminal Act after Court in 'United States v. Stitt' held that generic burglary includes burglary of mobile structures. 		Criminal Law and Procedure 9th Apr. 5, 2019
People v. Aranda
Trial court's failure to receive partial acquittal verdict on first degree murder when jury indicated it acquitted on that offense rendered declaration of mistrial without legal necessity; thus, dismissal of that charge affirmed. 		Criminal Law and Procedure 4DCA/2 Apr. 5, 2019
People v. Weir
Penal Code Section 530.5(c)'s identity theft provision not subject to reclassification under Proposition 47; Section 490.2's petty theft provision only reclassifies theft offenses, and violation of Section 530.5(c) is a nontheft offense. 		Criminal Law and Procedure 4DCA/1 Apr. 2, 2019
Wade v. Superior Court
Principles behind military diversion and purpose of Penal Code Section 1001.80 are rehabilitative, irrespective of misdemeanor charged; thus, defendant may be suitable for placement in military diversion program. 		Criminal Law and Procedure 6DCA Apr. 1, 2019
People v. Warren
The Supreme Court has recognized that the crime of indecent exposure invariably entails no physical aggression or even contact; thus, trial court erred in denying defendant's petition. 		Criminal Law and Procedure 2DCA/6 Apr. 1, 2019
People v. Salinas-Jacobo
Discharge of a juror for misconduct requires the trial court set forth its reasoning relying on evidence that supports its conclusions that the juror could not perform. 		Criminal Law and Procedure 1DCA/2 Apr. 1, 2019
People v. Morales
Because trial court reviewed an ambiguous record of defendant's convictions in order to find true prior strike allegations against him, it violated his constitutional right to a jury trial; thus, matter was remanded. 		Criminal Law and Procedure 1DCA/4 Apr. 1, 2019
People v. Wilson
Admission of statistical evidence as to rarity of false sexual assault allegations inadmissible, because not helpful to jury regarding specific allegation at issue. 		Criminal Law and Procedure 1DCA/4 Mar. 29, 2019
U.S. v. Artis
After district court properly struck portions of government's affidavit recounting facts establishing probable cause to believe defendant was engaged in credit card fraud, affidavit failed to support finding of probable cause. 		Criminal Law and Procedure 9th Mar. 29, 2019
People v. Potts
Rational trier of fact could have found that killings were deliberate and premeditated; defendant brought hatchet, his motive was to steal, and he plunged a lethal weapon into victims' chests. 		Criminal Law and Procedure CASC Mar. 29, 2019
People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. 		Criminal Law and Procedure 3DCA Mar. 28, 2019
People v. Castellano
A defendant who fails to make a timely objection or motion to strike evidence at trial may not later claim that the admission of the evidence was error. 		Criminal Law and Procedure 2DCA/7 Mar. 28, 2019
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