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Wilson v. Sellers
Federal habeas court should 'look through' unexplained state-court decision and presume that unexplained decision adopted same reasoning as last related state-court decision with relevant rationale where federal court reviews unexplained decision on merits. 		Criminal Law and Procedure USSC Apr. 18, 2018
People v. Jackson
Where evaluations overwhelmingly suggest defendant is incompetent to stand trial, occasional instances of rote comprehension of basic legal concepts does not suffice to demonstrate competence. 		Criminal Law and Procedure 4DCA/2 Apr. 18, 2018
U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. 		Criminal Law and Procedure 9th Apr. 16, 2018
People v. Maldonado
A probationer's condition, allowing warrantless searches of his electronic devices while on probation, was not unconstitutional because the probationer had been given fair warning and he had agreed to said search and seizures. 		Criminal Law and Procedure 6DCA Apr. 16, 2018
Modification: People v. Partee
Defendant's refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Apr. 16, 2018
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Apr. 16, 2018
Modification: People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions. 		Criminal Law and Procedure 3DCA Apr. 16, 2018
Birts v. Superior Court (San Mateo)
'Continuation rule' bars peremptory judicial challenge where prosecutor files second action with the same information as initial, voluntarily dismissed action, after unfavorable evidentiary rulings. 		Criminal Law and Procedure 1DCA/3 Apr. 13, 2018
People v. Watts
Trial court abuses its discretion by applying more exacting standard, from different Penal Code statute, to defendant's new trial motion. 		Criminal Law and Procedure 2DCA/1 Apr. 13, 2018
Modification: People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. 		Criminal Law and Procedure 4DCA/1 Apr. 13, 2018
Modification: People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Apr. 12, 2018
People v. Lopez
Where defendant appears to have no improper motive, request to retain new counsel, even after case was ongoing for two years prior to trial, should have been granted. 		Criminal Law and Procedure 1DCA/1 Apr. 12, 2018
People v. Barboza
Proposition 57, which abolishes 'direct filing of criminal charges of juveniles in adult criminal court,' does not apply retroactively to defendant with final judgment. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. 		Criminal Law and Procedure 2DCA/6 Apr. 10, 2018
People v. Beatty
Jurisdiction proper against criminal defendant where 'preliminary arrangements' for crimes take place in prosecuting forum, whether or not crime's culmination occurs there. 		Criminal Law and Procedure 3DCA Apr. 9, 2018
U.S. v. Gilmore
Prohibition on Department of Justice's use of appropriated funds to prevent state laws authorizing use, distribution, possession, or cultivation of medical marijuana does not prohibit prosecution of defendants who cultivate marijuana on federal land. 		Criminal Law and Procedure 9th Apr. 6, 2018
People v. Buza
Guided by U.S. Supreme Court holding on DNA cheek swab collection, California Supreme Court finds such collection not unreasonable when required of serious felony arrestee. 		Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
In re Butler
Due to legislature passing SB 203 in 2015, Board of Parole Hearings is now relieved of its obligations to calculate base terms of an indeterminate sentence when determining whether an inmate is suitable for release. 		Criminal Law and Procedure 1DCA/2 Apr. 3, 2018
People v. Johnson
Warrrantless search valid under the automobile exception where probable cause existed; that the vehicle was two blocks away from the suspect was immaterial. 		Criminal Law and Procedure 2DCA/7 Mar. 30, 2018
People v. Vela
Per 'In re Estrada,' statutory amendment giving trial court discretion to strike firearm enhancement applies retroactively to case not yet final on appeal. 		Criminal Law and Procedure 4DCA/3 Mar. 30, 2018
People v. Martinez
Mere fact that Prop 47's resentencing provision does not enumerate specific statute of petitioner's conviction does not nullify petitioner's eligibility for resentencing. Nonetheless, resentencing denial affirmed because would have been guilty of felony had initiative been in effect at time of offense. 		Criminal Law and Procedure 4DCA/2 Mar. 30, 2018
People v. Samuels
Separately imposed criminal and revocation terms based on unrelated conduct do not allow previously incarcerated person to correct credits on his probation, under the "split sentence" program of The Criminal Justice and Realignment Act. 		Criminal Law and Procedure 2DCA/6 Mar. 29, 2018
People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime. 		Criminal Law and Procedure 4DCA/1 Mar. 29, 2018
People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court’s erroneous response to jury’s inquiry does not prejudice defendant. 		Criminal Law and Procedure 4DCA/1 Mar. 28, 2018
U.S. v. Shaw
Argument as to jury instruction raised for first time at Supreme Court not fairly presented to district or appeals court; in any event, error harmless in face of 'overwhelming' evidence. 		Criminal Law and Procedure 9th Mar. 28, 2018
People v. Partee
Defendant’s refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Mar. 26, 2018
People v. Mendez
Modified jury instruction asking jurors to base their finding on a particular outcome that was entirely speculative was misleading and thus had a prejudicial effect led to reversible error. 		Criminal Law and Procedure 1DCA/1 Mar. 26, 2018
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 Mar. 26, 2018
U.S. v. Paixao
Recipient of Veterans Affairs federal assistance need not be primary beneficiary to be convicted under federal statute forbidding misuse of 'benefits' derived from federal assistance program. 		Criminal Law and Procedure 9th Mar. 23, 2018
People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Mar. 22, 2018
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