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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
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
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