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McKneely v. Superior Court (People)
Penal Code statute requiring report from a health profession to overturn a certification of mental competence to stand trial did not impair the court's core functions. 		Criminal Law and Procedure 1DCA/2 May 30, 2023
People v. Scott
Because defendant's prior conviction was a "strike" on the date of the conviction, subsequent legislative amendments to the definition of gang activity did not alter its "strike" status. 		Criminal Law and Procedure 4DCA/2 May 26, 2023
People v. Cooper
Jury instruction that did not include new requirements for proving "a pattern of gang activity" was not a harmless error because the instruction given directly contradicted the new requirements. 		Criminal Law and Procedure CASC May 26, 2023
People v. Catarino
Because Penal Code Section 667.6(d) falls within the rationale of *Oregon v. Ice*, trial court's imposition of separate, consecutive sentences did not violate Sixth Amendment. 		Criminal Law and Procedure CASC May 26, 2023
Kelsey v. Garrett
Criminal defendant was entitled to relief for ineffective assistance of counsel where his attorney waived closing argument at trial based on unreasonable and unsupported strategic assessment. 		Criminal Law and Procedure 9th May 25, 2023
Waidla v. Davis
Writ of habeas corpus awarded by district court affirmed because California Supreme Court unreasonably applied *Strickland v. Washington* with ineffective assistance of counsel claim. 		Criminal Law and Procedure 9th May 24, 2023
Melville v. Shinn
One-year statute of limitations for petitioner's federal habeas relief began to run after his extension to file a state motion for reconsideration expired because the state avenue for relief had closed. 		Criminal Law and Procedure 9th May 24, 2023
People v. Govan
Penal Code Section 667.61 did not negate the court's newly acquired discretion to stay a sentence for a one-strike offender because it only prohibited placing an one-strike offender on probation. 		Criminal Law and Procedure 2DCA/7 May 23, 2023
People v. Jaime
Failure to apply new statutory framework for analyzing the constitutional validity of preemptory challenges to prospective jurors where a prospective juror was challenged for presumptively invalid reasons was prejudicial error. 		Criminal Law and Procedure 3DCA May 22, 2023
People v. Middleton
Specific intent about a minor's age is not a necessary element of attempted human trafficking of a minor. 		Criminal Law and Procedure 2DCA/7 May 19, 2023
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 May 18, 2023
People v. Alexander
Convicted felon's challenge to constitutionality of statutes prohibiting the possession of firearms and ammunition by felons failed because the Second Amendment did not apply to the rights of non-law-abiding citizens. 		Criminal Law and Procedure 4DCA/2 May 15, 2023
Ciminelli v. U.S.
Because the right to valuable economic information needed to make discretionary economic decisions is not a traditional property interest, the right-to-control theory cannot form the basis for a conviction under federal wire fraud statutes. 		Criminal Law and Procedure USSC May 12, 2023
People v. Hiller
Because defendant's prior Washington robbery conviction lacked element required for California robbery conviction, trial court erred in counting priors to apply Three Strikes law and enhancements. 		Criminal Law and Procedure 1DCA/3 May 11, 2023
People v. Sherman
Legislative changes to Penal Code Section 1170.91 denied resentencing to registered sex-offender defendant because the changes categorically disqualified his pending action. 		Criminal Law and Procedure 4DCA/1 May 10, 2023
People v. Montanez
Petitioner who actively participated in underlying robbery and sex crimes with knowledge of cohort's violent disposition without trying to mitigate that danger was a major participant for felony murder purposes. 		Criminal Law and Procedure 4DCA/1 May 9, 2023
Mendoza v. Superior Court (People)
Case was remanded to prove that alleged gang shooting was committed for the gang's benefit since the non-reputational benefit evidence was minor compared to the other preliminary hearing evidence. 		Criminal Law and Procedure 5DCA May 5, 2023
People v. Werntz
Mother's aiding and abetting second degree murder charge was valid even after changes to felony murder liability where she failed to protect her daughter from her husband who she knew was dangerous. 		Criminal Law and Procedure 4DCA/1 May 1, 2023
Modification: Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 28, 2023
People v. Fredrickson
Penal Code Section 1170(b)(6)(B)'s presumptive imposition of the lower sentencing term requires an initial showing that defendant's youth contributed to her crime. 		Criminal Law and Procedure 1DCA/5 Apr. 26, 2023
People v. Wilson
Despite jury's inability to reach verdicts on enhancements, trial court in resentencing proceeding was not precluded from finding defendant-petitioner was actual killer where substantial evidence supported the findings. 		Criminal Law and Procedure 1DCA/5 Apr. 25, 2023
People v. Fox
Despite entering plea agreement, criminal defendant was entitled to remand to seek resentencing relief where he was sentenced to the upper term without proof of aggravating circumstances. 		Criminal Law and Procedure 1DCA/1 Apr. 24, 2023
People v. Webb
In an assault context, although physical limitations may negate present ability to inflict injury, that was not the case where a one-legged defendant lunged at the victim from a close distance while armed with a knife. 		Criminal Law and Procedure 4DCA/1 Apr. 18, 2023
People v. Ramos
Evidence Code Section 352.2, which restricts the admission of certain forms of creative expression, was not retroactively applicable in murder case where defendant's rap videos were admitted. 		Criminal Law and Procedure 4DCA/1 Apr. 17, 2023
Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 17, 2023
Amended Opinion: U.S. v. Michell
Court's plain error was not reversible because there was no reasonable probability that defendant was ignorant that he had been convicted of a crime punishable by longer than a year. 		Criminal Law and Procedure 9th Apr. 17, 2023
People v. Oliver
Defendant's petition to resentence his first degree murder conviction was denied since he was a major participant in the robbery that led to the death of a drug dealer. 		Criminal Law and Procedure 1DCA/1 Apr. 14, 2023
People v. Meza
A search warrant directing Google to identify individuals based on location history data failed probable cause and particularity requirements, although it still met *Leon* good faith exception and therefore was valid. 		Criminal Law and Procedure 2DCA/7 Apr. 14, 2023
People v. Thai
Requiring continued registration as a sex offender was an abuse of discretion where the prosecution presented no evidence that petitioner was currently a risk to the community. 		Criminal Law and Procedure 4DCA/3 Apr. 12, 2023
U.S. v. Ramos
District court judge did not need to specifically address defendant's evidentiary objections when it adopted, in full, the magistrate judge's reports and recommendations. 		Criminal Law and Procedure 9th Apr. 11, 2023
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