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Name Category Published
People v. Hurlic
Certificate of probable cause not required where defendant who entered no contest plea challenges agreed-upon sentence based on statute that retroactively gives trial court discretion to strike challenged firearm enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 10, 2018
Modification: People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/2 Jul. 6, 2018
People v. Bussey
A felony conviction for unlawful taking or driving of a vehicle was conditionally reversed because a 'vehicle code offense must be tried with correct instructions,' but receipt of a stolen vehicle isn't eligible for misdemeanor reduction. 		Criminal Law and Procedure 3DCA Jul. 2, 2018
People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. 		Criminal Law and Procedure 5DCA Jul. 2, 2018
People v. Littlefield
Appeal dismissed where court lacks jurisdiction to consider motion to vacate victim restitution per general principal that such courts generally lack jurisdiction to resentence defendant after sentence has begun. 		Criminal Law and Procedure 2DCA/1 Jul. 2, 2018
People v. Almanza
Case remanded on rehearing in order to allow trial court to use its independent discretion to determine whether to strike or dismiss firearm enhancement pursuant to Penal Code Section 12022.53(h), as amended. 		Criminal Law and Procedure 2DCA/6 Jul. 2, 2018
People v. Anderson
A trial court didn't abuse its discretion when it denied a defendant's motion to sever his trial from that of his codefendants pursuant to Penal Code Section 1098 and 'Kansas v. Carr' 		Criminal Law and Procedure CASC Jun. 29, 2018
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 Jun. 29, 2018
U.S. v. Hohag
A district court did not abuse its discretion by imposing conditions of supervised release that included sex-offense specific assessment and possible polygraph testing which were 'not particularly burdensome' and related to sexual misconduct conviction. 		Criminal Law and Procedure 9th Jun. 29, 2018
Amended Opinion: U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment. 		Criminal Law and Procedure 9th Jun. 28, 2018
Modification: People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/2 Jun. 28, 2018
In re Poole
Judgment vacated where evidence does not support Board of Parole Hearings’ finding that petitioner poses current danger to public safety. 		Criminal Law and Procedure 1DCA/2 Jun. 27, 2018
U.S. v. Vera
A district court erred when it used defendants' co-conspirators' plea agreements as reliable evidence in sentencing under statement-against-interest rule of evidence. 		Criminal Law and Procedure 9th Jun. 26, 2018
County of Los Angeles v. Financial Casualty & Surety, Inc.
Judgment reversed and remanded where time and place set by jailer under Penal Code Section 1269b gives rise to appearance that is required by law for purposes of forfeiting bail. 		Criminal Law and Procedure 2DCA/4 Jun. 26, 2018
People v. Cortez
A trial court did not err when it failed to instruct the jury on lesser included offenses because 'substantial evidence was lacking to support an instruction on either allegedly lesser target offense.' 		Criminal Law and Procedure 4DCA/2 Jun. 22, 2018
People v. Farwell
A waiver of three important federal rights cannot be presumed from a silent record, where a trial court failed to advise a defendant of the constitutional implications and legal consequences of his stipulation. 		Criminal Law and Procedure CASC Jun. 22, 2018
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 Jun. 22, 2018
In re Williams
Habeas petitioner who was granted parole under Penal Code Section 3051 and later not released and instead required to serve consecutive term for in-prison offense committed when he was 26 is entitled to relief. 		Criminal Law and Procedure 2DCA/7 Jun. 21, 2018
People v. Orozco
Prop 47 petition properly rejected where supportive evidence not proffered, but petitioner entitled to new hearing after Supreme Court clarifies necessary evidence and relevant burden of proof. 		Criminal Law and Procedure 4DCA/1 Jun. 20, 2018
People v. Dawkins
When a crime is committed on a train that travels through multiple counties, venue is proper in any competent court in the jurisdictional territory over which the train passes. 		Criminal Law and Procedure 1DCA/1 Jun. 20, 2018
Shorts v. Superior Court
A trial court's refusal to grant a preservation of records motion to a death row inmate was erroneous where the inmate is entitled to preserve some records pending his habeas corpus counsel appointment. 		Criminal Law and Procedure 2DCA/7 Jun. 20, 2018
U.S. v. Espino
Even though a verdict form submitted to a jury is defective, the error is harmless where it doesn't affect a defendant's substantial rights. 		Criminal Law and Procedure 9th Jun. 19, 2018
In re Cowan
Inadvertently omitting a fact at voir dire did not amount to prejudicial jury misconduct where the juror was not biased against habeas corpus petitioner 		Criminal Law and Procedure CASC Jun. 19, 2018
U.S. v. Reinhart
Convictions for possession of child pornography and sexually exploiting child under California Penal Code Sections 311.11(a) and 311.3(a) are not prior convictions requiring ten-year sentencing enhancement under 18 U.S.C. Section 2252(b)(2). 		Criminal Law and Procedure 9th Jun. 19, 2018
Rosales-Mireles v. United States
Appeals courts have discretion under Federal Rule of Criminal Procedure 52(b) to vacate defendant's sentence where miscalculation of Guidelines sentencing range is plain and affects defendant's substantial rights. 		Criminal Law and Procedure USSC Jun. 19, 2018
Chavez-Meza v. United States
Judge is not required to use more detail than he or she deems necessary in statement of reasons for imposing sentencing range in simple matter where judge considers evidence and arguments. 		Criminal Law and Procedure USSC Jun. 19, 2018
The People v. Saavedra
Jury instruction proper where it instructed jurors that consent of a child victim was not a defense to the charged aggravated lewd acts. 		Criminal Law and Procedure 5DCA Jun. 18, 2018
People v. Smit
Concurrent convictions for attempted murder in case convicting defendant of possession of marijuana for sale do not render defendant ineligible for resentencing relief where ineligibility requires ‘prior’ such convictions. 		Criminal Law and Procedure 4DCA/3 Jun. 18, 2018
People v. McVey
After statutory enactment granting trial court discretion to strike firearm enhancement, remand nonetheless unnecessary where 'trial court's comments indicate that even if could, it would decline to' grant sought relief. 		Criminal Law and Procedure 2DCA/2 Jun. 14, 2018
People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/1 Jun. 13, 2018
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