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People v. Superior Court (Dominguez)
Company that makes DNA testing program is not 'part of prosecution team;' People cannot be compelled to disclose evidence or information, such as program source code, solely in company's possession. 		Criminal Law and Procedure 4DCA/1 Oct. 18, 2018
People v. Hudson
Trial court's reliance on preliminary hearing transcript to determine whether appellant's prior conviction qualified as a serious felony and, in turn, a strike, was impermissible and violated the Sixth Amendment. 		Criminal Law and Procedure 5DCA Oct. 16, 2018
People v. Adams
Where trial court did not have opportunity to assess whether juvenile non-homicide offender would have 'meaning opportunity' to demonstrate 'fitness to reenter society in the future,' reconsideration of 35-year sentence must be reviewed. 		Criminal Law and Procedure 2DCA/5 Oct. 16, 2018
Modification: People v. Adams
The United States Supreme Court, has placed limitations on juvenile sentencing, such as, "no juvenile who commits a nonhomicide offense may be sentenced to life without the possibility of parole." 		Criminal Law and Procedure 2DCA/5 Oct. 16, 2018
U.S. v. Sellers
The rigorous discovery standard formed in 'United States v. Armstrong,' does not apply in the context of selective enforcement claims involving stash house reverse-sting operations. 		Criminal Law and Procedure 9th Oct. 16, 2018
People v. Yushchuk
No instructional error where jury was instructed separately on murder elements and there was no reasonable likelihood the jury would have employed the inference instructions to supplant the malice instructions for purposes of murder liability. 		Criminal Law and Procedure 3DCA Oct. 15, 2018
Modification: People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. 		Criminal Law and Procedure 2DCA/3 Oct. 12, 2018
Payton v. Davis
Under the Antiterrorism and Effective Death Penalty Act, a certificate of appealability may be issued only if the applicant made a substantial showing of the denial of a constitutional right. 		Criminal Law and Procedure 9th Oct. 11, 2018
U.S. v. Gonzalez
Fabricated law enforcement reports, made in effort to cover up beating of jail visitor, qualify as 'records' or 'documents' under 18 U.S.C. Section 1519. 		Criminal Law and Procedure 9th Oct. 11, 2018
People v. Endsley
People found not guilty for reasons of insanity have the right to appear and testify at an outpatient placement hearing. 		Criminal Law and Procedure 4DCA/2 Oct. 11, 2018
People v. Pipkin
The redesignation of a qualifying offense as a misdemeanor pursuant to Proposition 47 does not preclude recommitment as a Mentally Disordered Offender. 		Criminal Law and Procedure 1DCA/4 Oct. 4, 2018
People v. Gutierrez
When DUI suspect is given the choice between a breath test and blood test, and elects blood test, a search warrant is not required to administer the blood draw. 		Criminal Law and Procedure 1DCA/4 Oct. 4, 2018
U.S. v. Gray
Per FRCP rule 32.1, parolee must be afforded chance to speak before court imposes post-revocation sentence, and must be given chance to dispute factual information underlying sentence. 		Criminal Law and Procedure 9th Oct. 4, 2018
People v. Delgado
Though 'Miranda' requires that a unwarned admission must be suppressed, the admissibility of any subsequent statement should turn solely on whether it is knowingly and voluntarily made. 		Criminal Law and Procedure 3DCA Oct. 3, 2018
People v. Linville
Prosecution not barred from charging defendant with murder when defendant previously pled guilty to accessory after the fact to the killings because it did not involve the same course of conduct. 		Criminal Law and Procedure 1DCA/2 Oct. 2, 2018
People v. Wong
Under Penal Code Section 654, the trial court erred when it imposed three consecutive one-year enhancements for the use of deadly weapons to the same aspect of a criminal act. 		Criminal Law and Procedure 2DCA/8 Oct. 2, 2018
People v. Fleming
A trial court's response to a jury question can be erroneous even if it does not technically misstate the law. 		Criminal Law and Procedure 2DCA/2 Oct. 1, 2018
People v. Frahs
A diversion program for defendants with diagnosed mental disorders can be applied retroactively where defendant was tried and convicted before the statute became effective, if the case is not yet final on appeal. 		Criminal Law and Procedure 4DCA/1 Oct. 1, 2018
In re Loza
Because the Supreme Court of California held that the natural and probable consequences theory can no longer support a premeditated murder conviction, petitioner's first degree murder conviction must be vacated. 		Criminal Law and Procedure 4DCA/3 Oct. 1, 2018
People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. 		Criminal Law and Procedure 2DCA/3 Sep. 24, 2018
People v. Laird
Proposition 64 does not require a defendant's DNA to be expunged from the state's database where defendant has offense reduced to an infraction. 		Criminal Law and Procedure 4DCA/1 Sep. 24, 2018
People v. Hayes
Allowing defendant to testify in narrative form, after defense counsel suspected defendant was going to commit perjury, and gave reasons for that suspicion, did not deprive her of the right to counsel. 		Criminal Law and Procedure 3DCA Sep. 20, 2018
U.S. v. Estrada
Wiretap affidavits are sufficient, provided they are reasonably detailed and "speak in case specific language" 		Criminal Law and Procedure 9th Sep. 19, 2018
People v. Cruz-Lopez
A convicted felon currently on formal probation is under 'constructive custody' and thus not a person entitled to the relief available in Penal Code Section 1473.7 		Criminal Law and Procedure 1DCA/1 Sep. 18, 2018
People v. Powell
The evidence was insufficient to support an inference of duress; defendant's accomplices were not armed at the crime scene, and defendant was simply 'told' and 'coached' to kill the victim. 		Criminal Law and Procedure CASC Sep. 18, 2018
In re Sims
When a defendant's competency is in question while a trial is ongoing, proceedings should be halted to determine whether the defendant is fit to stand trial 		Criminal Law and Procedure 4DCA/2 Sep. 17, 2018
Modification: People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights. 		Criminal Law and Procedure CASC Sep. 14, 2018
U.S. v. Franklin
Washington's drug trafficking law is not categorically a 'serious drug offense' under the Armed Career Criminal Act, as Washington's accomplice liability statute renders it broader than similar federal ACCA laws. 		Criminal Law and Procedure 9th Sep. 14, 2018
U.S. v. Lynch
The 'safety valve' of 18. U.S.C. Section 3553(f) is a narrow exception that cannot be applied to 'leader or organizer' of offense involving five or more participants. 		Criminal Law and Procedure 9th Sep. 14, 2018
U.S. v. Blackstone
District Court correctly denied an inmate's motion to set aside or vacate his sentence because it was time barred, and the Supreme Court decision in *Johnson* does not clearly extend to sentences imposed under advisory federal sentencing guidelines. 		Criminal Law and Procedure 9th Sep. 13, 2018
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