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Name Category Published
People v. Session
Police officer's informal knowledge that defendant was on parole was sufficient to legally place a tracker on defendant's car. 		Criminal Law and Procedure 4DCA/3 Jul. 21, 2023
People v. Carney
The Court did not articulate a new theory of first degree murder proximate causation when it used the phrase "substantial concurrent cause" in *People v. Sanchez*. 		Criminal Law and Procedure CASC Jul. 21, 2023
People. v. Antonelli
Because provocative act murder requires a finding of malice, a defendant convicted of provocative act murder is ineligible for resentencing based on changes to the felony murder doctrine. 		Criminal Law and Procedure 2DCA/6 Jul. 20, 2023
People v. Sloan
Allowing testimony from expert retained by the district attorney during trial under the Sexually Violent Predators Act was error because only the defendant may retain testifying experts under the Act. 		Criminal Law and Procedure 3DCA Jul. 19, 2023
People v. Marquez
*People v. Arbuckle* does not require the same judge who accepted defendant's guilty plea and sentenced her to prison also determine amount of victim restitution to be awarded. 		Criminal Law and Procedure 4DCA/1 Jul. 19, 2023
P. v. Gyorgy
Police officer unreasonably prolonged a traffic stop by spending almost none of the 12-minute stop investigating the traffic infraction. 		Criminal Law and Procedure 4DCA/3 Jul. 18, 2023
Modification: People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements. 		Criminal Law and Procedure 5DCA Jul. 17, 2023
People v. Kimble
Trial court did not err in refusing to resentence appellant-defendant as a second strike offender under the Reform Act as part of his resentencing pursuant to Section 1172.75. 		Criminal Law and Procedure 3DCA Jul. 17, 2023
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. 14, 2023
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 Jul. 12, 2023
People v. Arnold
Trial court's conclusion that defendant stabbed the victim improperly contradicted jury's prior finding regarding knife-related sentencing enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 12, 2023
People v. Madrigal
Court's failure to instruct on amended felony murder rule was not harmless because a juror could have reasonable doubts that defendant was a major participant in the murder. 		Criminal Law and Procedure 6DCA Jul. 10, 2023
People v. Gaines
Stepping out of a vehicle and discharging a firearm falls under discharging a firearm from a vehicle. 		Criminal Law and Procedure 5DCA Jul. 7, 2023
U.S. v. Roper
District courts' discretion in resentencing cases includes the ability to consider decisional changes in the law to determine whether extraordinary and compelling reasons for granting relief exist. 		Criminal Law and Procedure 9th Jul. 7, 2023
People v. Jackson
Assembly Bill No. 1950 applied retroactively to reduce probation term and prevented alleged violations occurring more than two years after term began from serving as basis for revoking probation. 		Criminal Law and Procedure 1DCA/4 Jul. 7, 2023
People v. Newell
Senate Bill No. 483 resentencing pursuant to Penal Code Section 1172.74(b) must be initiated by the Department of Corrections and Rehabilitation, not the prisoner. 		Criminal Law and Procedure 2DCA/6 Jul. 7, 2023
People v. Hernandez
Defendant's motion to withdraw a plea should have been brought in the county where he was prosecuted and sentenced, not where he lived during probation. 		Criminal Law and Procedure 2DCA/8 Jul. 6, 2023
Price v. Superior Court (People)
Where first stage of Google's production protocol for executing geofence warrant narrowly identified time and location, that the succeeding stages allowed officer more discretion was immaterial for Fourth Amendment analysis. 		Criminal Law and Procedure 4DCA/2 Jul. 6, 2023
People v. Hilburn
Trial court appropriately imposed middle term in sentencing, despite mitigating circumstances. 		Criminal Law and Procedure 4DCA/1 Jul. 6, 2023
People v. Campbell
Intent to kill finding does not preclude relief as a matter of law for defendants seeking resentencing based on felony murder amendments. 		Criminal Law and Procedure 1DCA/2 Jul. 5, 2023
Amended Opinion: U.S. v. Orozco-Barron
Amended_opinion 		Criminal Law and Procedure 9th Jul. 5, 2023
People v. Curiel
Vacatur of noncitizen's convictions pursuant to no contest plea was appropriate where she demonstrated she did not meaningfully understand the consequences of her plea due to incomplete legal counsel. 		Criminal Law and Procedure 2DCA/8 Jul. 3, 2023
People v. Fletcher
Assembly Bill 333 does not require reversing serious felony and strike priors based on violations involving criminal street gangs. 		Criminal Law and Procedure 4DCA/2 Jul. 3, 2023
People v. Achane
Unauthorized sentence exception to forfeiture doctrine was inapplicable where the allegedly unauthorized sentence could have legally been imposed and the alleged error was not a pure question of law. 		Criminal Law and Procedure 1DCA/2 Jun. 30, 2023
People v. Reyes
Trial court's insufficient analysis of implied malice murder constituted reversible error. 		Criminal Law and Procedure CASC Jun. 30, 2023
People v. Codinha
Trial court's correction of a concurrent term to a legally mandated consecutive term was upheld because courts may correct a void judgment whenever it is brought to their attention. 		Criminal Law and Procedure 4DCA/1 Jun. 28, 2023
People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements. 		Criminal Law and Procedure 5DCA Jun. 28, 2023
Counterman v. Colorado
Although criminal liability for true-threats case required some subjective understanding on the defendant's part of his statements' threatening nature, the First Amendment required no more than a showing of recklessness. 		Criminal Law and Procedure USSC Jun. 28, 2023
U.S. v. Castro
Partner or family member assault (PFMA) was not a crime of violence under the U.S. Sentencing Guidelines because the definition of "bodily injury" incorporated into PFMA includes more than the "use of physical force." 		Criminal Law and Procedure 9th Jun. 28, 2023
Yedinak v. Superior Court (People)
Writ of mandate was issued where pretrial detention order denied bail without clear and convincing evidence that the defendant's release was likely to result in great bodily harm to others. 		Criminal Law and Procedure 4DCA/2 Jun. 27, 2023
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