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People v. Das
Trial court improperly denied defendant's Penal Code Section 1172.6(a) resentencing petition without a hearing because defendant did not stipulate that he acted with the intent to kill in his plea. 		Criminal Law and Procedure 3DCA Oct. 26, 2023
People v. Hampton
Any error in permitting remote jury deliberations for one day was harmless because that day of deliberations did not result in a finding of guilt. 		Criminal Law and Procedure 1DCA/1 Oct. 26, 2023
People v. Ortiz
Peremptory challenge based on prospective juror's demeanor did not violate defendant's constitutional rights where the rationale for the challenge was related to the prospective juror's impartiality, not his race. 		Criminal Law and Procedure 6DCA Oct. 24, 2023
People v. Manzo
Lost dashcam video footage caused by prosecutorial delay did not entitle criminal defendant to dismissal of complaint because there was no evidence demonstrating he was actually prejudiced by the loss. 		Criminal Law and Procedure 4DCA/2 Oct. 19, 2023
People v. Quan
The case was remanded where defendant was denied his right to be personally present at his Section 1172.6 felony murder resentencing hearing. 		Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
People v. Molina
Requiring face masks at trial due to the COVID-19 pandemic did not violate defendant's right to a fair trial. 		Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
People v. Aguirre
Because defendant's violation of Penal Code Section 186.22 qualified as a strike on the date of his conviction, it continued to qualify as a strike even after the amendment of the Section 186.22. 		Criminal Law and Procedure 2DCA/6 Oct. 18, 2023
People v. Coca
Noncitizen criminal defendant's conviction could not be vacated due to her inability to understand the adverse immigration consequences where she failed to establish the conviction could result in removal proceedings. 		Criminal Law and Procedure 4DCA/2 Oct. 18, 2023
People v. Saavedra
Petition for felony murder resentencing denied where factual basis for petitioner's guilty plea established his ineligibility. 		Criminal Law and Procedure 4DCA/3 Oct. 18, 2023
U.S. v. Draper
Voluntary manslaughter constituted a "crime of violence" under 18 United States Code Section 924(c) because it required at least an "extreme and necessarily oppositional" state of mind as one of its elements. 		Criminal Law and Procedure 9th Oct. 18, 2023
People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements. 		Criminal Law and Procedure 1DCA/1 Oct. 18, 2023
Modification: People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. 		Criminal Law and Procedure 4DCA/1 Oct. 16, 2023
People v. Pittman
Remand was necessary where criminal defendant's youth was not considered during resentencing hearing and impulsivity and peer pressure may have played a role in the underlying attack. 		Criminal Law and Procedure 1DCA/4 Oct. 16, 2023
Karnazes v. The Lauriedale Homeowners Assn.
Disbarred attorney who had maintained nine appeals was considered a vexatious litigant because she had at least five litigations in the past year adversely decided against her. 		Criminal Law and Procedure 1DCA/3 Oct. 13, 2023
People v. Evers
Criminal defendant forfeited constitutional challenges to restitution fines based on ability to pay because his counsel failed to timely raise them during sentencing hearing. 		Criminal Law and Procedure 1DCA/4 Oct. 10, 2023
U.S. v. Scott
Courts may use the harm definition for "serious bodily injury" when applying a sentencing enhancement to aggravated sexual assault because the victim's injuries are not addressed in the base offense. 		Criminal Law and Procedure 9th Oct. 9, 2023
Amended Opinion: U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. 		Criminal Law and Procedure 9th Oct. 9, 2023
U.S. v. Barlow
Defendant's prior conviction for aggravated assault constituted a "crime of violence" under the United States Sentencing Guidelines because he used physical force against another. 		Criminal Law and Procedure 9th Oct. 5, 2023
Modification: People v. Escobedo
Order denying freestanding petitions for resentencing was not appealable as an order affecting the petitioners' substantive rights as the trial court lacked jurisdiction to adjudicate the petitions. 		Criminal Law and Procedure 2DCA/6 Oct. 4, 2023
People v. Trent
Vacatur of defendant's murder conviction under Section 1172.6 rendered conviction nonfinal for the purposes of Assembly Bill 333 (employing retroactively ameliorative laws regarding criminal street gangs). 		Criminal Law and Procedure 3DCA Oct. 4, 2023
Modification: People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative. 		Criminal Law and Procedure 1DCA/5 Oct. 3, 2023
U.S. v. Cabrera
District court did not err in including overlapping days between two convictions to defendant's criminal history score. 		Criminal Law and Procedure 9th Oct. 2, 2023
People v. Lee
A defendant convicted of provocative-act-murder may be eligible for resentencing because it is a theory in which malice was imputed to the defendant solely based on his participation in a crime. 		Criminal Law and Procedure 2DCA/1 Sep. 29, 2023
People v. Davenport
Previously admitted witness testimony from preliminary hearing could be considered by trial court during resentencing petition hearing where the basis for its admission was still valid under current law. 		Criminal Law and Procedure 1DCA/4 Sep. 29, 2023
In re Casey
As Governor's decision to deny parole to inmate was supported by "some evidence," trial court's granting of writ was improper. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2023
People v. Peterson
Despite the off-putting nature of defendant's constitutionally protected speech dealing with local political issues, they contained no credible threats and could not serve as the basis of a stalking conviction. 		Criminal Law and Procedure 1DCA/3 Sep. 28, 2023
People v. Bodely
As the record conclusively established defendant as the actual killer, Penal Code Section 1172.6 resentencing was unavailable despite felony murder being used as theory to prove guilt. 		Criminal Law and Procedure 6DCA Sep. 28, 2023
People v. Panighetti
Trial court did not err by instructing jury that it could consider defendant's prior uncharged sex offenses against victim. 		Criminal Law and Procedure 3DCA Sep. 27, 2023
People v. Bratton
Petitioner could not contest being actual shooter in motion to vacate murder conviction where information included personal use firearm enhancements submitted to a jury after trial and found true. 		Criminal Law and Procedure 4DCA/2 Sep. 27, 2023
People v. Fisher
Defendant was ineligible for Penal Code Section 1172.6 resentencing because he admitted to shooting and killing victim at his plea colloquy. 		Criminal Law and Procedure 2DCA/5 Sep. 26, 2023
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