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U.S. v. Estrada
District court had jurisdiction over revocation proceedings where the defendant had been on supervised release and had violated its conditions regardless of whether the underlying supervision sentence was lawful. 		Criminal Law and Procedure 9th Aug. 25, 2023
People v. The North River Insurance Co.
Forfeiture of bail bond was not appropriate where bail company located the defendant in Mexico but prosecutors failed to make an extradition decision before end of appearance period. 		Criminal Law and Procedure 2DCA/8 Aug. 22, 2023
People v. Mumin
The concurrent intent (or "kill zone") attempted murder instruction should only be given where there is substantial evidence that supports that defendant intended to kill everyone within a "kill zone." 		Criminal Law and Procedure CASC Aug. 18, 2023
People v. Meza
Order 		Criminal Law and Procedure CASC Aug. 18, 2023
Torres v. Superior Court (People)
Petitioner's Section 170.6 challenge to the judge was properly denied as untimely because her felony murder request for resentencing on remand did not constitute a "new trial." 		Criminal Law and Procedure 3DCA Aug. 17, 2023
People v. Superior Court (Mitchell)
Prosecutors may appeal a trial court's postpreliminary hearing, pretrial order reducing a felony "wobbler" to a misdemeanor because the trial court lacks authority to reduce the charge at that time. 		Criminal Law and Procedure 2DCA/6 Aug. 17, 2023
U.S. v. Eckford
Aiding and abetting an armed robbery under the Hobbs Act is a "crime of violence" that includes a mandatory minimum sentence for using a firearm. 		Criminal Law and Procedure 9th Aug. 16, 2023
U.S. v. Sadler
The provisions and commentary of the U.S. Sentencing Guidelines do not create a right to collaterally attack prior convictions used for sentence enhancement. 		Criminal Law and Procedure 9th Aug. 16, 2023
People v. Gray
A "spontaneous statement" (the hearsay exception) does not automatically satisfy a probationer's due process right of confrontation nor is automatically admissible at a probation revocation hearing. 		Criminal Law and Procedure CASC Aug. 15, 2023
Dorsey v. U.S.
A conviction for witness tampering by attempting to kill necessarily entails an element of using physical force and thus constitutes a "crime of violence". 		Criminal Law and Procedure 9th Aug. 14, 2023
U.S. v. Alahmedalabdaloklah
Statute criminalizing destruction of U.S. government property overcame presumption against extraterritoriality because it criminalized conduct directly harming the government and had foreseeable extraterritorial applications at the time it was passed. 		Criminal Law and Procedure 9th Aug. 10, 2023
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. 9, 2023
U.S. v. Dadyan
The court remanded to amend judgment to reflect that defendant's restitution obligation was joint and several with his co-conspirators because the judgment did not reflect the district court's findings that supported such liability. 		Criminal Law and Procedure 9th Aug. 8, 2023
U.S. v. Ayvazyan
District court did not err when it ordered defendant to pay restitution under the Mandatory Victims Restitution Act that exceeded the amount of loss it calculated when applying sentencing guidelines. 		Criminal Law and Procedure 9th Aug. 8, 2023
People v. Vaesau
A district attorney's felony resentencing request under Penal Code Section 1172.1 may be withdrawn if withdrawal is supported by a legitimate reason. 		Criminal Law and Procedure 1DCA/1 Aug. 7, 2023
People v. Del Rio
Resentencing based on redesignating the defendant's vacated murder conviction as a robbery without reasonable advance notice and opportunity to be heard violated his due process rights. 		Criminal Law and Procedure 4DCA/1 Aug. 4, 2023
Brown v. Atchley
Prisoner seeking fourth federal habeas petition did not run afoul of restriction against successive applications because his present claims were not ripe during previous petitions. 		Criminal Law and Procedure 9th Aug. 4, 2023
Modification: People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Aug. 3, 2023
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 Aug. 3, 2023
U.S. v. Hougen
Congress has authority under the Thirteenth Amendment to pass 18 U.S.C. § 249(a)(1) which imposes criminal liability for bodily injury to another because of their race or religion. 		Criminal Law and Procedure 9th Aug. 2, 2023
People v. Gruis
Probation condition disallowing possession of any pornographic materials was unconstitutionally vague. 		Criminal Law and Procedure 1DCA/3 Aug. 2, 2023
People v. Suggs
Evidence uncovered during vehicle search should have been suppressed where the searching officer unconstitutionally prolonged the traffic stop after learning his reason for initiating the stop was invalid. 		Criminal Law and Procedure 3DCA Aug. 1, 2023
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 Jul. 31, 2023
Modification: People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. 		Criminal Law and Procedure 1DCA/4 Jul. 31, 2023
Carpenter v. Superior Court (People)
Amendments to California's Reproductive Privacy Act did not immunize defendant from criminal prosecution for omissions and acts following home birth that resulted in baby's death. 		Criminal Law and Procedure 4DCA/1 Jul. 31, 2023
People v. Leal
Searching vehicle's trunk was unreasonable where it did not have independent probable cause even though it was preceded by a fruitless search of passenger compartment that was supported by probable cause. 		Criminal Law and Procedure 3DCA Jul. 27, 2023
Leeds v. Russell
Ineffective assistance of both trial counsel and post-conviction counsel entitled defendant to both excuse of procedural default and habeas relief. 		Criminal Law and Procedure 9th Jul. 27, 2023
People v. Lopez
Because first appellate remand was limited to resentencing, trial court did not have jurisdiction to reconsider gang enhancements despite appellant being entitled to ameliorative benefits of new legislative changes. 		Criminal Law and Procedure 4DCA/2 Jul. 26, 2023
Estrada v. Superior Court (People)
A Penal Code Section 1172.6 resentencing hearing was not a "new trial" that could lead to disqualification of an assigned judge under Penal Code Section 170.6(a)(2). 		Criminal Law and Procedure 2DCA/4 Jul. 25, 2023
People v. Pickett
Court did not err in denying felony murder resentencing petition that alleged no facts denying that defendant was actually the killer. 		Criminal Law and Procedure 2DCA/1 Jul. 25, 2023
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