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Name Category Published
People v. Prudholme
Assembly Bill 1950 reduced the probation period of Defendant's plea agreement for second degree robbery but did not affect the rest of the agreement. 		Criminal Law and Procedure CASC Jun. 27, 2023
Samia v. U.S.
Admission of driver's confession in joint murder-for-hire trial did not violate the shooter's Confrontation Clause rights because it was altered to include neutral references to some "other person." 		Criminal Law and Procedure USSC Jun. 26, 2023
People v. Lewis
Force element required for kidnapping with intent to rape was relaxed to the level applied in child kidnapping cases because the intoxicated adult victim could not consent to being moved. 		Criminal Law and Procedure CASC Jun. 23, 2023
U.S. v. Hollins
Guilty plea underlying defendant's appellate waiver was knowing and voluntary despite the fact the defendant was not informed of the potential collateral consequences of his plea. 		Criminal Law and Procedure 9th Jun. 21, 2023
People v. Tilley
Trial court properly imposed the middle term on defendant with mental health issues for a prior serious strike where the defendant failed to object to the imposition of the sentence. 		Criminal Law and Procedure 3DCA Jun. 21, 2023
People v. Farias
Trial court's silence at the sentencing hearing on strike allegations for defendants' prior serious felonies meant the allegations were assumed to be untrue. 		Criminal Law and Procedure 3DCA Jun. 19, 2023
Rodas-Gramajo v. Superior Court (People)
Order granting prosecution a new preliminary hearing to proffer additional evidence for a gang enhancement was not an abuse of discretion where the omissions were minor and due to the new law. 		Criminal Law and Procedure 1DCA/3 Jun. 19, 2023
Lora v. U.S.
Sentence for conviction under 18 U.S.C. Section 924(j) not governed by consecutive-sentence mandate contained in 18 U.S.C. Subsection 924(c) despite former's reference to the latter with respect to offense elements. 		Criminal Law and Procedure USSC Jun. 19, 2023
People v. Ocegueda
Defendant's first degree murder conviction was affirmed where nothing in the record indicated that the jury was improperly instructed regarding when the objective standard for provocation should be applied. 		Criminal Law and Procedure 4DCA/3 Jun. 16, 2023
Smith v. U.S.
The Constitution permits the retrial of a defendant following vacatur for a trial in an improper venue conducted before a jury drawn from the wrong district. 		Criminal Law and Procedure USSC Jun. 16, 2023
Modification: People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 15, 2023
U.S. v. Lucas
Finding that defendant's firearm could accept a large capacity magazine, which subjected him to a sentence enhancement with an extremely disproportionate impact, was not supported by clear and convincing evidence. 		Criminal Law and Procedure 9th Jun. 15, 2023
People v. Waqa
Evidence that was insufficient to support defendant's enhanced sentence for aggravated kidnapping was still sufficient to support an enhanced sentence for the lesser included offense of simple kidnapping. 		Criminal Law and Procedure 1DCA/1 Jun. 15, 2023
U.S. v. Alaniz
Sentencing enhancement for possessing a firearm during the commission of felony offense was constitutional because it was consistent with this Nation's historical tradition of regulating the right to bear arms. 		Criminal Law and Procedure 9th Jun. 14, 2023
Ybarra v. Gittere
Defendant sentenced to die was not intellectually disabled because the IQ evidence portrayed him as someone with intelligence that was not significantly subaverage. 		Criminal Law and Procedure 9th Jun. 12, 2023
Modification: Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 9, 2023
People v. Wilson
Defendant's murder conviction under the felony-murder theory was upheld under the amended rule because evidence of his kidnapping and torture of the victim showed he acted with reckless indifference to human life. 		Criminal Law and Procedure CASC Jun. 9, 2023
U.S. v. Estrella
A law enforcement officer must have probable cause to believe that a person is on active parole before conducting a suspicionless search or seizure pursuant to a parole condition, but need not be absolutely certain. 		Criminal Law and Procedure 9th Jun. 7, 2023
People v. Braden
Pretrial diversion for defendants with qualifying mental disorders must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. 		Criminal Law and Procedure CASC Jun. 6, 2023
People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 6, 2023
People v. Hodges
Order denying defendant-appellant's motion to vacate his sentence filed twenty years after entry of judgment was not appealable because the trial court could not grant the requested relief. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2023
Modification: People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed. 		Criminal Law and Procedure 4DCA/3 Jun. 5, 2023
People v. Cody
Defendant was still guilty under the amended felony-murder rule because he was intimately involved in all stages of the burglary that resulted in the victim's death. 		Criminal Law and Procedure 4DCA/3 Jun. 2, 2023
Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 1, 2023
U.S. v. Castillo
District court improperly relied on the commentary of an unambiguous sentencing guideline and thus increased defendant's sentencing range by erroneously classifying his conspiracy conviction as a "controlled substance offense." 		Criminal Law and Procedure 9th Jun. 1, 2023
Dickey v. Davis
Federal habeas petitioner granted relief from death penalty because prosecutor's conduct in deliberately eliciting and then failing to correct key witness' false testimony was a *Napue* violation. 		Criminal Law and Procedure 9th Jun. 1, 2023
Nationwide Insurance Company of America v. Tipton
Insurance fraudsters' criminal restitution orders were properly converted into civil judgments by trial court pursuant to Penal Code Section 1214(b). 		Criminal Law and Procedure 3DCA May 31, 2023
U.S. v. Walker
Speedy trial right not violated by lengthy delays due to COVID-19 pandemic where the district court found holding trial safely was exceedingly difficult and delay served the ends of justice. 		Criminal Law and Procedure 9th May 31, 2023
U.S. v. Boam
District court did not err in determining that a reasonable jury could find that defendant's videos of his minor stepdaughter met the requirement of "sexually explicit conduct." 		Criminal Law and Procedure 9th May 31, 2023
In re Van Houten
Board of Parole's decision granting parole was reinstated where governor's reasoning for reversal of the decision was not supported by any evidence in the record. 		Criminal Law and Procedure 2DCA/1 May 31, 2023
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