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In re Avignone
Under 'In re Humphrey,' when considering a bail amount, the court must look to the availability of funds and must not consider a hypothetical situation based on the charged crimes. 		Criminal Law and Procedure 4DCA/1 Aug. 17, 2018
People v. Zepeda
Sufficient evidence supports conviction of sexual abuse of a child by force where size differential and other contextual factors suggest crimes were effected by duress. 		Criminal Law and Procedure 1DCA/4 Aug. 17, 2018
Modification: People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim's crimes. 		Criminal Law and Procedure CASC Aug. 17, 2018
Modification: People v. Lopez
Murder conviction and corresponding death sentence affirmed where court does not err in allowing character evidence of defendant's prior commission of welfare fraud to rebut defendant's broad testimony of allegedly good character. 		Criminal Law and Procedure CASC Aug. 17, 2018
Heidary v. Superior Court
A writ of prohibition was correctly denied where due process was satisfied; defendant was provided with adequate notice of the charges against him. 		Criminal Law and Procedure 4DCA/2 Aug. 16, 2018
Johnson v. Montgomery
District court properly denied habeas petition where enhancement based on non-jury juvenile proceeding does not violate 'clearly established federal law.' 		Criminal Law and Procedure 9th Aug. 16, 2018
People v. Nuno
Required 'nexus element' of deadly weapon probation prohibition lacking in hit-and-run case; defendant was not using car as deadly weapon when fleeing scene of collision. 		Criminal Law and Procedure 4DCA/1 Aug. 15, 2018
People v. Williams
Defendant may be found guilty of resisting arrest, even where officer subsequently uses excessive force to effect the arrest, so long as initial act of resistance occurs first. 		Criminal Law and Procedure 6DCA Aug. 15, 2018
People v. McKenzie
When probation is granted and imposition of sentence is suspended, a judgment is not final and new amendments apply retroactively. 		Criminal Law and Procedure 5DCA Aug. 14, 2018
People v. Powell
The nature of defendant's brutal beating of the victim, coupled with his motivation for revenge was sufficient evidence to demonstrate a finding of torture-murder. 		Criminal Law and Procedure CASC Aug. 14, 2018
Modification: People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision. 		Criminal Law and Procedure 2DCA/6 Aug. 13, 2018
People v. Rodriguez
Defendant did not have a full possessory interest in rented hotel room, and thus there was sufficient evidence to support conviction for burglary when a felony was committed inside room. 		Criminal Law and Procedure 4DCA/1 Aug. 10, 2018
Modification: People v. Ghobrial
A judgment of death was affirmed,a s court has wide discretion when determining whether certain evidence requires determination that defendant is incompetent to stand trial. 		Criminal Law and Procedure CASC Aug. 10, 2018
People v. Piper
People's burden of proof in Prop 36 resentencing context remains beyond a reasonable doubt; court may not make evidentiary findings contrary to jury's verdict in offense at issue. 		Criminal Law and Procedure 2DCA/4 Aug. 8, 2018
People v. Stevenson
Not improper to give 'natural and probable consequences' instruction in first degree murder case, where additional instruction ensures jury must find defendant acted 'willfully, deliberately, and with premeditation' before being convicted of first degree murder. 		Criminal Law and Procedure 1DCA/3 Aug. 7, 2018
U.S. v. Nature
Per regulatory language, 'dangerous drinking' prohibition applies to administrative site bordering Yosemite National Park. 		Criminal Law and Procedure 9th Aug. 7, 2018
People v. Webb
A trial court did not err when it instructed the jury with CALCRIM 548 on the facts of this particular case, but even if it did, the alleged ambiguity error was harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/1 Aug. 6, 2018
Modification: People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury. 		Criminal Law and Procedure 4DCA/2 Aug. 6, 2018
People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision. 		Criminal Law and Procedure 2DCA/6 Aug. 2, 2018
People v. Phung
Prop 57 and Senate Bill 620 both apply retroactively under 'Estrada,' require remand where appellant's case was not final at time changes in law were enacted. 		Criminal Law and Procedure 4DCA/3 Aug. 2, 2018
People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings. 		Criminal Law and Procedure 1DCA/2 Aug. 2, 2018
People v. Fleming
A trial court properly found that there was substantial evidence such that a jury could convict defendant for violating Penal Code Section 289(f). 		Criminal Law and Procedure 5DCA Aug. 2, 2018
U.S. v. Mickey
Jurors need not reach unanimity as to single particular 'means' used to commit element of crime. 		Criminal Law and Procedure 9th Jul. 31, 2018
People v. Buycks
Enhancements under Penal Code Sections 12022.1 and 667.5, if not final when Prop 47 become effective, may be stricken where petitioner successfully reduces prior felonies upon which enhancements rest. 		Criminal Law and Procedure CASC Jul. 31, 2018
People v. Johnson
Case remanded for resentencing where court is uncertain that lower court would have stricken firearm enhancement if it had authority to do so under 'later enacted' Section 12022.53(h). 		Criminal Law and Procedure 4DCA/1 Jul. 30, 2018
People v. Quarles
Trial court properly refused to instruct a jury on a voluntary intoxication defense where crime, though statute requires 'maliciousness,' is properly deemed general intent crime. 		Criminal Law and Procedure 1DCA/1 Jul. 30, 2018
U.S. v. Turner
Judgment affirmed where court does not err in finding that defendant waived right to counsel by 'repeatedly alternat[ing] between invoking right to self-representation and his right to counsel.' 		Criminal Law and Procedure 9th Jul. 30, 2018
In re Manriquez
Petition for habeas relief alleging prejudicial jury misconduct denied where there is no substantial likelihood that juror was biased toward petitioner. 		Criminal Law and Procedure CASC Jul. 27, 2018
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 Jul. 27, 2018
People v. Yates
Expert testimony is inadmissible hearsay where it 'relates as true case-specific content of documents' not admitted into evidence and not shown to be exceptions to hearsay. 		Criminal Law and Procedure 2DCA/2 Jul. 26, 2018
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