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People v. Marquez
Collection of defendant's DNA sample was unlawful under the Fourth Amendment because DNA not collected as part of routine booking procedure; however, later DNA evidence properly admitted under attenuation doctrine. 		Criminal Law and Procedure 4DCA/3 Jan. 17, 2019
Stokeling v. United States
A robbery offense that has as an element the use of force sufficient to overcome a victim's resistance qualifies as 'physical force' within the meaning of the Armed Career Criminal Act. 		Criminal Law and Procedure USSC Jan. 16, 2019
Turner v. Baker
When an amended judgment awards a prisoner credit for time served, it affects 'the number of days a convicted individual will spend in prison,' and therefore constitutes a new judgment. 		Criminal Law and Procedure 9th Jan. 16, 2019
People v. Hem
When evidence of jury misconduct exists, an inquiry into the misconduct should occur in order to ensure deliberations are proceeding properly and a defendant's right to a fair jury determination is preserved. 		Criminal Law and Procedure 3DCA Jan. 15, 2019
U.S. v. Depue
Failure to object or an uninformed representation to the court is not alone sufficient evidence of waiver. Rather, there must be evidence defendant was aware of the right he is relinquishing. 		Criminal Law and Procedure 9th Jan. 15, 2019
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 Jan. 15, 2019
People v. Busane
Court was 'premature' in determining defendant ineligible for presentence conduct credits, based on Penal Code Sections 667.61 and 2933.5. 		Criminal Law and Procedure 2DCA/6 Jan. 15, 2019
Modification: People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Jan. 14, 2019
People v. Munoz
Vehicular manslaughter not a lesser included offense of murder because it requires the additional element of driving of a vehicle while intoxicated; thus, defendant not entitled to instruction on gross vehicular manslaughter. 		Criminal Law and Procedure 2DCA/1 Jan. 14, 2019
U.S. v. Hall
Condition of release that parolee only have 'normal familiar relations' when contacting son is unconstitutionally vague. 		Criminal Law and Procedure 9th Jan. 14, 2019
U.S. v. Landeros
Unlawful seizure when police discovered knives after they prolonged traffic stop by commanding passenger to provide identification because they had no reasonable suspicion and passenger's identity is unrelated to mission of stop. 		Criminal Law and Procedure 9th Jan. 14, 2019
People v. Lopez
Defense counsel's concession of defendant's guilt during opening statement was not tantamount to guilty plea requiring waiver of his constitutional trial rights; thus, hit and run conviction affirmed. 		Criminal Law and Procedure 2DCA/4 Jan. 11, 2019
U.S. v. Valencia-Mendoza
The statutory maximum sentence for an offense determines whether a conviction constitutes a 'felony,' not the maximum sentence available in the particular case under the sentencing guidelines. 		Criminal Law and Procedure 9th Jan. 11, 2019
People v. Pride
Where robber boasts of heist on social media, no Fourth Amendment violation if undercover officer accesses said boast by posing as false 'friend' on the site. 		Criminal Law and Procedure 4DCA/1 Jan. 11, 2019
U.S. v. Johnson
Search incident to arrest may occur prior to arrest if probable cause extant, even where the crime for which probable cause existed is different from crime of subsequent arrest. 		Criminal Law and Procedure 9th Jan. 10, 2019
Shoop v. Hill
For federal court to set aside state court criminal decision, said decision must violate clear Supreme Court precedent on the books at the time of the state court's decision. 		Criminal Law and Procedure USSC Jan. 8, 2019
People v. Chatman
Fact that woman was already plying prostitution trade not bar to conviction of defendant for 'procuring' her 'for the purpose of prostitution.' 		Criminal Law and Procedure 3DCA Jan. 7, 2019
Modification: In re E.P.
Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.' 		Criminal Law and Procedure 4DCA/3 Jan. 4, 2019
Modification: People v. Baldwin
Section 667.5(b) states the five-year 'washout' rule applies only where the defendant remained free of both the commission of a crime leading to a felony conviction, and prison custody. 		Criminal Law and Procedure 1DCA/5 Jan. 2, 2019
Modification: People v. Thomas
No reasonable suspicion to detain or patsearch defendant based on general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two-and-a-half hours after incident 		Criminal Law and Procedure 3DCA Jan. 2, 2019
In re Thomas
Determination of the retroactive applicability of new laws, for purposes of state habeas petitions, is restricted to state and not federal standards. 		Criminal Law and Procedure 4DCA/2 Dec. 31, 2018
P. v. Meraz
Under state law after 'People v. Sanchez', gang experts are permitted to testify to non-case-specific general background information; thus, gang expert's background testimony did not violate Confrontation Clause. 		Criminal Law and Procedure 2DCA/8 Dec. 31, 2018
People v. Vasquez
A court may not weigh the evidence or evaluate witness credibility when deciding whether substantial evidence supports an instruction on lesser-included offense after counsel requests that an instruction be given. 		Criminal Law and Procedure 2DCA/3 Dec. 31, 2018
People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed. 		Criminal Law and Procedure CASC Dec. 28, 2018
Avitia v. Superior Court
Although prosecutor's dismissal of a grand juror violated Penal Code Section 939.5, the error did not have had an adverse effect on the impartiality or independence of the grand jury. 		Criminal Law and Procedure CASC Dec. 27, 2018
Modification: People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Dec. 24, 2018
People v. Bendovid
Before individual may be deemed a 'mentally disordered offender,' he must receive 90 days of treatment relating to the diagnosed disorder, in the year prior to parole or release. 		Criminal Law and Procedure 2DCA/6 Dec. 24, 2018
U.S. v. Valdez
28 U.S.C. Section 2461(c) authorizes the forfeiture of substitute property because 21 U.S.C. Section 853(p) is one of the Section 853 'procedures' incorporated by reference in Section 2461(c). 		Criminal Law and Procedure 9th Dec. 24, 2018
People v. Baldwin
Section 667.5(b) states the five-year "washout" rule applies only where the defendant remained free of "both" the commission of a crime leading to a felony conviction, "and" prison custody. 		Criminal Law and Procedure 1DCA/5 Dec. 24, 2018
People v. Gomez
15 years to life for sexual penetration of child 10 years old or younger was constitutional where defendant, a father figure to victim, sexually molested her over the course of years. 		Criminal Law and Procedure 4DCA/3 Dec. 21, 2018
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