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People v. Arreguin
Where conviction involving special circumstance findings made before *Banks* and *Clark*, an evidentiary hearing for Penal Code Section 1172.6 petition for resentencing was required. 		Criminal Law and Procedure 2DCA/6 Mar. 13, 2023
Modification: People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
U.S. v. Salazar
Providing safety-valve relief to Mexican Mafia prison member required he proffer all information regarding the prison drug scheme regardless of the information's relevance or usefulness. 		Criminal Law and Procedure 9th Mar. 9, 2023
People v. Brown
To prove first-degree murder by means of poison, the prosecution must show the defendant deliberately gave the victim poison with the intent to kill the victim or inflict injury likely to cause death. 		Criminal Law and Procedure CASC Mar. 3, 2023
In re Cabrera
Where jury was deadlocked as to defendant's "great bodily injury" charge, sentencing court may not impose enhancement based on its own finding of great bodily injury. 		Criminal Law and Procedure CASC Mar. 3, 2023
Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic. 		Criminal Law and Procedure 1DCA/1 Mar. 3, 2023
People v. Lewis
Remand for resentencing was appropriate under amended Penal Code Section 1170(b) because the court could not conclude that the jury would have found at least one aggravating circumstance true beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Mar. 3, 2023
People v. Ung
Restitution order requiring the defendant to make in-kind restitution in the form of cryptocurrency was not an abuse of discretion despite substantial increase in value. 		Criminal Law and Procedure 6DCA Mar. 2, 2023
People v. Fugit
Jury instruction that force-likely assault was lesser included offense of assault with a deadly weapon was not prejudicial because a ceramic mug cannot cause bodily injury without application of force. 		Criminal Law and Procedure 1DCA/5 Mar. 2, 2023
U.S. v. Taylor
Where officers' actions were objectively reasonable, a seemingly prolonged stop was not a Fourth Amendment violation. 		Criminal Law and Procedure 9th Mar. 2, 2023
People v. Pierce
Order denying Secretary of CDCR's recommendation to recall defendant's 2011 sentence was reversed to allow for a hearing and reconsideration of postconviction factors pursuant to Penal Code Section 1172.1 changes. 		Criminal Law and Procedure 2DCA/6 Mar. 1, 2023
People v. Jones
Presentence custody credits for defendant who pled no contest to assault with a firearm was entitled to ordinary calculation of presentence custody credits. 		Criminal Law and Procedure 2DCA/8 Feb. 28, 2023
People v. Burgess
Reversal warranted when trial court's factual findings evidenced there was no felony predicating the felony murder conviction. 		Criminal Law and Procedure 3DCA Feb. 27, 2023
People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible. 		Criminal Law and Procedure 4DCA/2 Feb. 27, 2023
People v. Johnson
Sentencing scheme for certain sex offenses violated the Sixth Amendment where it allowed for a judge, rather than a jury, to determine whether the offenses occurred on separate occasions. 		Criminal Law and Procedure 1DCA/4 Feb. 24, 2023
People v. McWilliams
Attenuation doctrine did not apply to evidence obtained in violation of Fourth Amendment because discovery of a parole search condition was not an intervening circumstance in officer's decision to search. 		Criminal Law and Procedure CASC Feb. 24, 2023
Cruz v. Arizona
The Arizona Supreme Court's application of state law to recent federal case law was so novel and unfounded that it did not constitute adequate state procedural grounds to preclude federal review. 		Criminal Law and Procedure USSC Feb. 23, 2023
People v. Kenney
Son received proper notice that he was violating his mother's domestic violence restraining order since deputies yelled to him about the move-out order before breaking his door and arresting him. 		Criminal Law and Procedure 4DCA/1 Feb. 23, 2023
People v. Muhammad
Trial court allowing jury to deliberate during the COVID-19 pandemic was neither coercive nor did it deprive defendant of due process of law. 		Criminal Law and Procedure 2DCA/6 Feb. 23, 2023
People v. Sundberg
Defendant's appeal was dismissed because *Anders/Wende* independent review procedures do not apply to civil commitments. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2023
People v. Venable
Newly enacted Evidence Code Section 352.2 prevented admission of a prejudicial rap video into evidence because the statute applied retroactively to cases that are not yet final. 		Criminal Law and Procedure 4DCA/2 Feb. 22, 2023
People v. Sallee
Penal Code Section 1170(b)'s hierarchical sentencing was inapplicable where defendant had entered a plea agreement with specified sentencing terms. 		Criminal Law and Procedure 5DCA Feb. 17, 2023
People v. Todd
Despite negotiated plea agreement, imposition of upper-term sentence was improper absent finding of aggravating circumstances. 		Criminal Law and Procedure 6DCA Feb. 17, 2023
U.S. v. Alvarez
Illegal alien's removal order was not fundamentally unfair because his prior state conviction for assault met the definition of a crime of violence. 		Criminal Law and Procedure 9th Feb. 17, 2023
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 Feb. 16, 2023
U.S. v. Farias-Contreras
Government's inclusion of information not specifically relevant to drug trafficker's case breached the parties' plea agreement. 		Criminal Law and Procedure 9th Feb. 16, 2023
People v. Mendoza
Court was not required to dismiss firearm enhancement pursuant to Section 1385(c)(2)(C) where dismissal would endanger public safety. 		Criminal Law and Procedure 4DCA/2 Feb. 14, 2023
People v. Anderson
Statutory phrase indicating that felony enhancement "shall be dismissed" if a mitigating circumstance is present did not override court's discretion to dismiss pursuant to Penal Code Section 1385(c). 		Criminal Law and Procedure 2DCA/7 Feb. 8, 2023
People v. Pack
Due process required vacating conviction for assault with force likely because there was insufficient notice defendant could be convicted as a lesser included offense of assault with a deadly weapon. 		Criminal Law and Procedure 1DCA/4 Feb. 8, 2023
People v. The North River Insurance Company
Period for bail bond appearance may only be tolled by court if prosecution agrees. 		Criminal Law and Procedure 2DCA/8 Feb. 8, 2023
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