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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 Feb. 5, 2019
U.S. v. Vederoff
Under U.S.S.G. Section 4B1.2, when a state criminal statute is broader than the general federal offense and the statute is indivisible, it is not deemed a 'crime of violence' under the U.S.S.G. section. 		Criminal Law and Procedure 9th Feb. 4, 2019
People v. Atkins
The prosecution must prove, as an element of the first method of violating Penal Code Section 69, that the defendant knows that the person he or she is attempting to deter is an executive officer. 		Criminal Law and Procedure 6DCA Feb. 1, 2019
In re Gadlin
Under Proposition 57, early parole eligibility is assessed based on the conviction for which an inmate is now serving a state prison sentence, rather than prior criminal history; thus, habeas corpus petition granted. 		Criminal Law and Procedure 2DCA/5 Jan. 30, 2019
People v. Aguayo
Assault can be committed with an inherently deadly weapon without using force likely to produce great bodily injury; thus force-likely assault is not a lesser included offense of assault with a deadly weapon. 		Criminal Law and Procedure 4DCA/1 Jan. 29, 2019
People v. Servin
The standard of review for California Penal Code Section 1170(e)'s compassionate release is whether 'some evidence' supports the Secretary of the California Department of Corrections and Rehabilitation recommendation. 		Criminal Law and Procedure 4DCA/3 Jan. 28, 2019
People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Jan. 28, 2019
People v. Wright
To insulate a plea agreement from future changes in the law the parties should specify that the consequences of the plea will remain fixed despite amendments to the relevant law. 		Criminal Law and Procedure 4DCA/1 Jan. 28, 2019
People v. Colbert
Crime was punishable as burglary and not shoplifting when defendant entered a commercial establishment open during business hours, but then entered interior room that was off-limits to public with intent to steal. 		Criminal Law and Procedure 6DCA Jan. 25, 2019
People v. Taggart
The constructive custody inherent in the alternative custody program referred to as 'sheriff's parole,' involves relatively minimal physical constraint and is therefore insufficient to constitute lawful/actual custody under Section 4532(b)(1). 		Criminal Law and Procedure 5DCA Jan. 24, 2019
People v. Stinson
A trial court is allow to give to a jury a modified CALCRIM jury instruction, provided it is both a correct statement of law and supported by substantial fact. 		Criminal Law and Procedure 3DCA Jan. 18, 2019
People v. The North River Insurance Co.
Penal Code Section 1306(b) entitles Counties, as agents of the State of California, to seek compensation for the costs of returning a defendant like Amanda Sanchez to custody. 		Criminal Law and Procedure 5DCA Jan. 18, 2019
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
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