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U.S. v. Chilaca
Under 18 U.S.C. Section 2252(a)(4)(B), simultaneous possession of child-pornography images, stored in different media and found in the same location, does not create separate 'allowable units of prosecution.' 		Criminal Law and Procedure 9th Nov. 27, 2018
People v. Rodas
When a formerly incompetent defendant has been restored to competence through medication, evidence of the defendant no longer taking his medication and again exhibiting signs of incompetence calls for a competency hearing. 		Criminal Law and Procedure CASC Nov. 27, 2018
People v. Stutelberg
Because a box cutter is not an 'inherently deadly weapon' as a matter of law, inclusion of such language in jury instruction was prejudicial error where defendant merely swung at victim. 		Criminal Law and Procedure 4DCA/1 Nov. 26, 2018
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 California Courts of Appeal Nov. 19, 2018
People v. Acosta
If a single count or case is dismissed, prison term enhancements remain available for sentencing purposes because they are imposed on the aggregate sentence and not to a particular count or case. 		Criminal Law and Procedure 2DCA/6 Nov. 14, 2018
People v. Baldivia
Plea agreement incorporates subsequent changes in the law so long as Legislature intended those changes to apply; thus, defendant entitled to juvenile fitness hearing and, if necessary, a resentencing hearing. 		Criminal Law and Procedure 6DCA Nov. 7, 2018
Maquiz MacDonald v. Hedgpeth
No rational juror could have found from the evidence presented at trial that all allegations required for the gang sentencing enhancement were true; thus petition for habeas relief should have been granted. 		Criminal Law and Procedure 9th Nov. 6, 2018
Caretto v. Super. Ct.
A court is required to identify how much stolen property, such as stolen debit cards, sell for (fair market value) in order to determine whether Proposition 47's misdemeanor resentencing applies. 		Criminal Law and Procedure 2DCA/8 Nov. 5, 2018
Modification: People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant. 		Criminal Law and Procedure 6DCA Nov. 5, 2018
People v. Clemmons
In an information filed in Los Angeles County, appellants Bennett Cook and Will Jones, with defendants Clemmons and James Jones, were charged with two counts of armed robbery in that on January 20, 1956, they unlawfully took by force from Robert L. Parsons money and merchandise of the value of $65, and from James T. Jeffery $25, and that each had prior felony convictions. Each defendant plead not guilty and admitted the prior convictions. The jury found each guilty as charged and fixed the degree in each instance as robbery in the first degree. Motions for a new trial and probation were made by the appellants and each such motion was denied, and each defendant was sentenced to the state prison. This appeal is by Bennett Cook and Will Jones from the judgments. 		Criminal Law and Procedure 2DCA/1 Nov. 5, 2018
People v. Franske
For purposes of Penal Code Section 495.5 and Proposition 47 relief, a "commercial establishment" is one that is primarily engaged in the buying and selling of goods or services. 		Criminal Law and Procedure 3DCA Nov. 2, 2018
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. 2, 2018
People v. Zammora
The judgments and orders denying motions for a new trial, from which this appeal was taken, are, and each of them is, reversed, and the cause remanded. 		Criminal Law and Procedure 2DCA/1 Nov. 2, 2018
People v. Grzymski
If a defendant does not appeal once a court modifies a sentence to eliminate the provision for a term of mandatory supervision, then that sentence will become final. 		Criminal Law and Procedure 1DCA/1 Nov. 1, 2018
People v. Paulsell
The California Supreme Court, in an opinion that, to this day, put references to "common sense" off-limits for jury instructions on reasonable doubt, said, "the phrase 'common sense' is about as uncertain as any phrase in the language. 		Criminal Law and Procedure CASC Nov. 1, 2018
People v. Shaw
There is nothing unfair or prejudicial in the argument made, and the appeal to the jurors to use their common sense demonstrates a lack of intention to inflame or prejudice their minds 		Criminal Law and Procedure California Courts of Appeal Nov. 1, 2018
Robinson v. California
The court struck down a California law that criminalized being addicted to narcotics. 		Criminal Law and Procedure USSC Nov. 1, 2018
Amended Opinion: U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles. 		Criminal Law and Procedure 9th Oct. 31, 2018
People v. Lopez
Failure to object to the admission of evidence at trial forfeits an appellate claim that such evidence was improperly admitted (e.g. failing to object to admitting a 'Watson' advisement into evidence). 		Criminal Law and Procedure 2DCA/4 Oct. 30, 2018
People v. Henry
'In re Williamson' rule applied; defendant was convicted of false personation, however, the conduct at issue should have been prosecuted exclusively under Vehicle Code Section 40504(b). 		Criminal Law and Procedure 6DCA Oct. 30, 2018
Thee Sombrero, Inc. v. Scottsdale Ins. Co.
Losses that are exclusively economic without any accompanying loss of use of tangible property, does not constitute property damage; as such, the loss of using a property for a nightclub constitutes property damage. 		Criminal Law and Procedure 4DCA/2 Oct. 29, 2018
People v. Acosta
Penal Code Section 654's prohibition on multiple punishment for crimes arising from a single course of conduct, does not apply when a new intent and objective is formed from the initial conduct. 		Criminal Law and Procedure 6DCA Oct. 29, 2018
People v. Saelee
Under Penal Code Section 1170.8, 'some type' of evidence must be presented to the trial court before it can deny a defendant's petition to redesignate a prior felony conviction to a misdemeanor. 		Criminal Law and Procedure 3DCA Oct. 29, 2018
U.S. v. Moreno Ornelas
Under plain error, if there is a reasonable probability that the failure to instruct a jury properly affected a jury's verdict, that verdict must be reversed. 		Criminal Law and Procedure 9th Oct. 26, 2018
Dominguez v. Kernan
District court erred when it dismissed defendant's habeas petition as moot; although the state court vacated defendant's earlier convictions, defendant still remained in custody and his second prosecution was still ongoing. 		Criminal Law and Procedure 9th Oct. 24, 2018
U.S. v. Henderson
'Network Investigative Technique warrant' was not considered a tracking device permitted by Federal Rule of Criminal Procedure Rule 41(b)(4) because it did not physically 'track movement of person or property.' 		Criminal Law and Procedure 9th Oct. 24, 2018
People v. Henson
Law favors the joinder of counts because of such a course of action promotes efficiency; as such, court erred by not joining related counts in criminal case. 		Criminal Law and Procedure 5DCA Oct. 23, 2018
People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant. 		Criminal Law and Procedure 6DCA Oct. 23, 2018
People v. Valdez
Penal Code Section 243.9 applies to persons who are confined in any local detention facility, even when temporarily outside of the walls of the facility. 		Criminal Law and Procedure 2DCA/3 Oct. 19, 2018
People v. Jones
Evidence Code Section 1101(b) clarifies that evidence of a person's conduct is admissible when that evidence is relevant to demonstrate a fact other than character or propensity. 		Criminal Law and Procedure 1DCA/2 Oct. 19, 2018
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