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Amended Opinion: Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Feb. 7, 2023
Modification: People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending. 		Criminal Law and Procedure 4DCA/2 Feb. 6, 2023
People v. Superior Court (Fernandez)
Although nothing proved intent to kill at moment of fatal act, torture-murder special circumstance should have been reinstated when ample evidence demonstrated defendant's intent to torture and intent to kill. 		Criminal Law and Procedure 4DCA/2 Feb. 3, 2023
U.S. v. Barrogo
District court correctly imposed sentence increase for scheme involving EBT cards because Personal Identification Numbers are authentication features that, under the Sentencing Guidelines, are not required to be physically on the card itself. 		Criminal Law and Procedure 9th Feb. 3, 2023
Modification: People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts. 		Criminal Law and Procedure CASC Feb. 3, 2023
People v. Maldonado
Defendant established prima facie case for resentencing relief where he demonstrated it was possible the jury had improperly convicted him based on a theory of imputed malice murder. 		Criminal Law and Procedure 1DCA/5 Feb. 1, 2023
People v. Ornelas
When probationer skips probation, the court may adjust probation term's expiration date to add the days probationer skipped, even if it results in an end date more than two years after the start date. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
People v. Fuentes
Protective order requiring defendant to not "disturb the peace" with his girlfriend was not unconstitutionally vague because it was clearly directed toward curbing his domestic violence. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
U.S. v. Baker
Police exceeded the appropriate scope of a stop-and-frisk search of the defendant by seizing a car key, locating the car it belonged to, and searching the car. 		Criminal Law and Procedure 9th Jan. 31, 2023
People v. Ortiz
Refusal to dismiss enhancement was not an abuse of discretion where trial court determined it did not further justice because numerous aggravating factors were collectively weightier than a single, heavily-weighted mitigating factor. 		Criminal Law and Procedure 6DCA Jan. 30, 2023
People v. Bolanos
One Strike law for serious sex crime survived defendant's equal protection challenge because Legislature's concern for the higher recidivism rate of sex offenders was a rational basis for disparate treatment. 		Criminal Law and Procedure 5DCA Jan. 30, 2023
People v. Espinoza
Lawful permanent resident who established 40 years of ties with the United States established that he would have rejected a plea offer had he understood the immigration consequences. 		Criminal Law and Procedure CASC Jan. 27, 2023
U.S. v. Eller
Overwhelming evidence of defendant's subjective intent supported his conviction for attempted solicitation of a minor despite the fact he negotiated through intermediaries. 		Criminal Law and Procedure 9th Jan. 26, 2023
People v. Kite
Penal Code Section 1203(l)(1) requires imposing the maximum possible sentence aggregately rather than separately. 		Criminal Law and Procedure 4DCA/1 Jan. 25, 2023
People v. Gonzalez
Court held a valid Penal Code Section 1172.6 evidentiary hearing despite not issuing an order to show cause because it followed the proper procedure and issued an evidentiary ruling. 		Criminal Law and Procedure 2DCA/5 Jan. 24, 2023
People v. Waldon
Trial court conducted insufficient inquiry into whether defendant was competent to waive his right to counsel since it did not properly consider expert psychological testimony or defendant's stated reasoning. 		Criminal Law and Procedure CASC Jan. 24, 2023
People v. Davis
Defendant's voluntary enrollment in a residential drug treatment program could not be credited to his prison term for rape because the stay was not custodial and unrelated to the charge. 		Criminal Law and Procedure 1DCA/1 Jan. 23, 2023
People v. Morgan
Defendant's prior vehicular manslaughter convictions could not be used to enhance his current misdemeanor DUI charges to a felony because enhancement statute did not specifically include the prior violations. 		Criminal Law and Procedure 4DCA/1 Jan. 23, 2023
People v. Silva
Defendant was liable under the recently amended felony-murder rule since he participated in a deadly gang stabbing attack that he knew was likely to cause death. 		Criminal Law and Procedure 5DCA Jan. 20, 2023
Shulman v. Kaplan
Cannabis business owners lacked standing to pursue Racketeer Influenced and Corrupt Organizations Act claims because statute's protection of "business or property" did not cover federally illegal cannabis businesses. 		Criminal Law and Procedure 9th Jan. 19, 2023
Amended Opinion: In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline. 		Criminal Law and Procedure 9th Jan. 19, 2023
People v. Nash
Defendant was not adequately put on notice of sentencing enhancement for committing lewd act on two victims under 14 years old since the pleadings never mentioned the relevant enhancement provision. 		Criminal Law and Procedure 4DCA/1 Jan. 18, 2023
Modification: People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police. 		Criminal Law and Procedure 1DCA/4 Jan. 17, 2023
U.S. v. Munoz
Federal sentence enhancement for offense involving three or more firearms was appropriate where defendant's possession of a polymer kit gun was violation of state law. 		Criminal Law and Procedure 9th Jan. 12, 2023
People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending. 		Criminal Law and Procedure 4DCA/2 Jan. 11, 2023
Modification: People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Jan. 9, 2023
U.S. v. Mongol Nation
Under the Racketeer Influenced and Corrupt Organizations Act, any forfeitable property vests in the government even if the government explicitly states otherwise in its preliminary order of forfeiture. 		Criminal Law and Procedure 9th Jan. 9, 2023
U.S. v. Knight
Allowing juror to participate remotely for two days via Zoom was not a structural error. 		Criminal Law and Procedure 9th Jan. 5, 2023
People v. Guiffreda
Evidence was insufficient to support finding beyond a reasonable doubt that defendant acted with the reckless indifference to human life requisite to support felony murder conviction. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2023
Box v. Superior Court (People)
Challenges of racial bias in jury selection requires courts to separate prosecution's work product notes from information that could reveal racial bias. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2023
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