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Sandoval v. Superior Court (People)
A proceeding under Penal Code section 1172.6 following remand does not constitute a "new trial" within the meaning of Section 170.6(a)(2) that would entitle a defendant to exercise a peremptory challenge. 		Criminal Law and Procedure 6DCA Oct. 3, 2023
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 Sep. 25, 2023
People v. Morones
Defendant's attempts to get his children to lie to law enforcement regarding their victimization did not constitute attempts to dissuade a witness from reporting a crime or testifying at trial. 		Criminal Law and Procedure 3DCA Sep. 21, 2023
People v. Suazo
Drunk driver's second degree murder charge was upheld because there was evidence he drove to a birthday party without a plan to avoid driving with a dangerous blood-alcohol level. 		Criminal Law and Procedure 5DCA Sep. 21, 2023
Modification: People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action. 		Criminal Law and Procedure 6DCA Sep. 21, 2023
U.S. v. Marschall
The recidivist version of the crime of introduction of misbranded drugs into commerce does not have a scienter element that the defendant knew the drug was misbranded. 		Criminal Law and Procedure 9th Sep. 21, 2023
Modification: People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. 		Criminal Law and Procedure 3DCA Sep. 20, 2023
People v. Aguilar-Jimenez
Trial court's Penal Code Section 995 dismissal, recharged by information after magistrate dismissed the counts under Section 871 in the same action, did not run afoul of two-dismissal rule. 		Criminal Law and Procedure 6DCA Sep. 19, 2023
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 Sep. 15, 2023
People v. Manzoor
Reduction of defendant's felony violation of attempting to distribute harmful material to a minor to a misdemeanor did not relieve him of his lifetime duty to register as a sex offender. 		Criminal Law and Procedure 1DCA/1 Sep. 15, 2023
U.S. v. Montoya
A court must orally pronounce all discretionary conditions of supervised release to protect a defendant's due process right to be present at sentencing. 		Criminal Law and Procedure 9th Sep. 14, 2023
People v. Slaton
Penal Code Section 352.2, which limits the admissibility of creative expression evidence (such as rap lyrics), does not apply retroactively. 		Criminal Law and Procedure 3DCA Sep. 13, 2023
People v. Escobedo
Trial court's order was nonappealable when it lacked jurisdiction to adjudicate petitions to strike prior prison term enhancements pursuant to Section 667.5(b). 		Criminal Law and Procedure 2DCA/6 Sep. 13, 2023
People v. Narro
Victims of defendant's sexual offenses were entitled to noneconomic damages to replace beds and living room furniture that reminded them of the sexual acts based on the psychological trauma suffered. 		Criminal Law and Procedure 4DCA/2 Sep. 11, 2023
People v. Aranda
Although peremptory challenges to prospective jurors for an expressed distrust of law enforcement were presumptively invalid by statute, the same was not true of challenges for cause for the same reasons. 		Criminal Law and Procedure 4DCA/3 Sep. 11, 2023
People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. 		Criminal Law and Procedure 3DCA Sep. 7, 2023
People v. Lashon
Defendant's California Racial Justice Act claim of implicit racial bias by the trial judge was forfeited because she did not file the claim with the trial court and instead raised the claim for the first time on appeal. 		Criminal Law and Procedure 1DCA/3 Sep. 6, 2023
People v. Harrell
Military veteran serving stipulated sentence was not categorically ineligible for resentencing based on service-related disorders merely because he was serving a stipulated sentence. 		Criminal Law and Procedure 4DCA/2 Sep. 6, 2023
Finley v. Superior Court (People)
Trial court improperly adjudicated Racial Justice Act violation; weighing evidence instead of just determining whether defendant made a prima facie showing. 		Criminal Law and Procedure 1DCA/4 Sep. 5, 2023
People v. Njoku
Appellate court was entitled to defer to factual findings on the record in concluding that defendant was not entitled to felony murder resentecing. 		Criminal Law and Procedure 3DCA Sep. 5, 2023
People v. Doron
Remand was appropriate for trial court to reconsider motion for pretrial mental health diversion considering new, retroactive legislative presumption that defendant's mental disorder was a significant factor in his crimes. 		Criminal Law and Procedure 4DCA/1 Sep. 5, 2023
People v. Rojas
Penal Code Section 1172.6 provides sentencing courts with discretion to impose parole regardless of excess custody credits. 		Criminal Law and Procedure 2DCA/4 Sep. 5, 2023
U.S. v. Torres-Giles
District court did not err in sentencing defendant to a longer term than his non-binding Type B plea agreement because they appraised him of the agreement's nature. 		Criminal Law and Procedure 9th Sep. 1, 2023
Camacho v. Superior Court (People)
Sexually violent predator's due process rights were not violated despite waiting since 2006 for recomittment trial because the delay was attributable mostly to him or his counsel. 		Criminal Law and Procedure CASC Sep. 1, 2023
Modification: People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 31, 2023
Dept. of Corrections & Rehabilitation v. Superior Court (Escobedo)
Trial court lacked authority to release lifetime parolee on probation after finding that he committed a new criminal offense and should have remanded him to the Department of Corrections and Rehabilitation. 		Criminal Law and Procedure 1DCA/3 Aug. 29, 2023
People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action. 		Criminal Law and Procedure 6DCA Aug. 29, 2023
U.S. v. Pepe
District court did not err in disallowing certain jury instructions regarding defendant's overseas travel to commit sexual acts on children. 		Criminal Law and Procedure 9th Aug. 29, 2023
U.S. v. Taylor
District court did not unconstitutionally delegate its judicial authority by ordering probation officer to supervise defendant's progress in inpatient treatment and grating officer discretion to reduce but not increase duration of his treatment. 		Criminal Law and Procedure 9th Aug. 28, 2023
Burgos v. Madden
Because Confrontation Clause violation did not substantially compromise jury verdict, habeas relief was unavailable. 		Criminal Law and Procedure 9th Aug. 28, 2023
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