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U.S. v. Hernandez-Escobar
District Court did not clearly err when it found that cash in defendant's bedroom was drug proceeds; therefore denial of defendant's father's 21 U.S.C. Section 853 petition was not erroneous. 		Criminal Law and Procedure 9th Dec. 21, 2018
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. 19, 2018
People v. Erickson
No abuse of discretion when trial court ordered defendant to pay restitution and returned the stolen property to victim; criminal law does not contemplate a reward for criminal behavior. 		Criminal Law and Procedure 2DCA/6 Dec. 19, 2018
People v. K.P.
Amended Penal Code section granting trial courts discretion to dismiss firearm enhancements at sentencing does not apply to insanity acquittees, who are not sentenced but rather 'admitted' to state hospitals 		Criminal Law and Procedure 4DCA/1 Dec. 19, 2018
People v. Tseng
Substantial evidence supported jury's finding that physician acted with a subjective appreciation of the risks involved when she prescribed patients with high doses of controlled substances; thus, murder convictions affirmed. 		Criminal Law and Procedure 2DCA/1 Dec. 18, 2018
Sims v. Kernan
The legislature's delegation of authority to the Department of Corrections and Rehabilitation to develop protocols for implementing death penalty executions is a permissible and constitutional delegation of power. 		Criminal Law and Procedure 1DCA/4 Dec. 18, 2018
Modification: People v. Caldwell
Evidence supporting defendant's contention that he was not the shotgun shooter who murdered victim was eclipsed by the evidence of his role in the murder; thus, factual innocence motion properly denied. 		Criminal Law and Procedure 1DCA/3 Dec. 18, 2018
P. v. LaDuke
To determine the meaning of statutory language that is ambiguous and is reasonably susceptible to more than one meaning, courts must look at a variety of extrinsic aids to determine legislative intent. 		Criminal Law and Procedure 4DCA/1 Dec. 17, 2018
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 Dec. 12, 2018
U.S. v. Stitt
Congress intended a 'uniform definition of burglary to be applied to all cases in which the Government seeks' an enhanced sentence under the Armed Career Criminal Act. 		Criminal Law and Procedure USSC Dec. 11, 2018
People v. Franco
For purposes of resentencing as a misdemeanor or felony forgery, under Proposition 47, the value of a forged instrument is determined by looking at the stated face value. 		Criminal Law and Procedure CASC Dec. 11, 2018
People v. Thomas
No reasonable suspicion to detain or patsearch defendant because police received general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two and a half hours later. 		Criminal Law and Procedure 3DCA Dec. 11, 2018
C.S. v. Superior Court
So long as substantial evidence supports a juvenile court's finding that the offense weighed in favor of transfer to adult/criminal court, court need not explicitly articulate how it weighed the evidence. 		Criminal Law and Procedure 6DCA Dec. 10, 2018
People v. Johnson
When postrelease community supervision is revoked and later reinstated, the period of revocation does not automatically extend the length of the originally imposed period of supervision. 		Criminal Law and Procedure California Courts of Appeal Dec. 10, 2018
People v. Sun
Trial court erred in convicting a criminal defendant under two conflicting statutes when one is a specific statute covering the alleged conduct and the other is a general statute. 		Criminal Law and Procedure 4DCA/3 Dec. 6, 2018
People v. Berch
Unless a defendant so stipulates, a commissioner is barred from conducting a parole revocation hearing, as it is not classified as a subordinate judicial duty under 'People v. Miller.' 		Criminal Law and Procedure 4DCA/3 Dec. 6, 2018
People v. Lavoie
Counsel's failure to object to substantive amendments of charged enhancements at sentencing constitutes ineffective assistance of counsel and the enhancement cannot be upheld. 		Criminal Law and Procedure 4DCA/2 Dec. 5, 2018
U.S. v. Sineneng-Smith
8 U.S.C. Section 1324(a)(1)(A)(iv) unconstitutionally overbroad in violation of the First Amendment because it criminalizes a substantial amount of protected expression in relation to its narrow legitimate sweep; thus defendant's convictions reversed. 		Criminal Law and Procedure 9th Dec. 5, 2018
People v. Neal
Trial court violated defendant's statutory rights when requiring a probation officer, rather than the court itself, to determine the amount of supervision fees imposed against defendant at sentencing. 		Criminal Law and Procedure 1DCA/2 Dec. 4, 2018
People v. Buenrostro
A state statute establishing procedures to determine whether a person 'lacks capacity to understand the proceedings against him due to mental disease,' is facially adequate in protecting his due process rights. 		Criminal Law and Procedure CASC Dec. 4, 2018
People v. Miracle
The role advisory counsel assumed was 'the functional equivalent' of counsel under Penal Code Section 1018; thus advisory counsel's consent of defendant's guilty plea to capital murder charge affirmed. 		Criminal Law and Procedure CASC Dec. 4, 2018
People v. Garcia
'Exceedingly low bar' to defeat Penal Code Section 995 motion; where evidence would lead ordinary person to entertain 'strong suspicion' of defendant's guilt, motion must be denied. 		Criminal Law and Procedure 6DCA Dec. 4, 2018
People v. Gomez
Although prosecution's argument that defendant was dangerous because he attacked officers who shared his ethnic background was improper because it could compromise jury's impartiality, the error was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Nov. 30, 2018
People v. Bonilla
On appeal when ineffective assistance is being claim, if it is easier to dispose of the claim on the ground of lack of prejudice, then that course should be followed. 		Criminal Law and Procedure 3DCA Nov. 30, 2018
People v. Fish
No unfairness exists in requiring a defendant to assume the burden of presenting evidence of the facts on which he relied, provided they are not peculiarly within the government's knowledge or control. 		Criminal Law and Procedure 2DCA/6 Nov. 29, 2018
People v. Morales
The trial court properly denied a last minute motion to substitute counsel when it would require a continuance that would result in psychological harm to a child. 		Criminal Law and Procedure 6DCA Nov. 29, 2018
U.S. v. Kirkland
A partially assembled homemade bomb is sufficient to be considered a 'destructive device' for conviction purposes when the only missing parts could be readily assembled into the bomb. 		Criminal Law and Procedure 9th Nov. 29, 2018
People v. Cisneros-Ramirez
A criminal defendant's knowing, intelligent, and voluntary waiver of a right to appeal contained in a plea agreement validly precludes appellate courts review of a pre-trial motion to suppress. 		Criminal Law and Procedure 4DCA/3 Nov. 28, 2018
Modification: People v. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied. 		Criminal Law and Procedure 5DCA Nov. 28, 2018
U.S. v. Tydingco
A district court's jury instruction requiring a defendant's objective and not a subjective standard in defining 'reckless disregard' amounted to plain error and a miscarriage of justice. 		Criminal Law and Procedure 9th Nov. 28, 2018
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