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People v. Moore
Because defendant's appeal was based on a matter that occurred after his plea, without the requisite certificate of probable cause, his appeal was summarily dismissed.
Criminal Law and Procedure 1DCA/5 Aug. 13, 2024
U.S. v. Osorio-Arellanes
Defendant established ineffective assistance of counsel based on documentation of his attorney's admitted unfamiliarity with the facts and confusion as to what his interrogation was regarding.
Criminal Law and Procedure 9th Aug. 12, 2024
Helm v. Thornell
Youthful offender was not entitled to habeas relief where his consecutive life sentences were not mandatory, and his youth was considered as a mitigating factor by the sentencing court.
Criminal Law and Procedure 9th Aug. 12, 2024
Clements v. Madden
A defendant needs only to show that false witness testimony could have impacted a jury's decision to convict in order to receive habeas relief.
Criminal Law and Procedure 9th Aug. 12, 2024
People v. McCune
A trial court retains power to fix the amount of victim restitution even after the term of probation is terminated.
Criminal Law and Procedure CASC Aug. 9, 2024
People v. Gonzalez
Trial court properly overruled Section 231.7 (racial bias) peremptory challenge objection where the juror had negative law enforcement experiences and did not know if he could evaluate all testimony fairly.
Criminal Law and Procedure 2DCA/3 Aug. 8, 2024
People v. Frazier
Trial court did not err in denying capital murder defendant's repeated utimely self-representation requests made during penalty phase of trial.
Criminal Law and Procedure CASC Aug. 6, 2024
People v. Wilson
Stay-and-remand procedure rather than automatic stay of appeal was the appropriate approach for defendant's Racial Justice Act claims that were not part of appellate record.
Criminal Law and Procedure CASC Aug. 6, 2024
People v. Lynch
Defendant sentenced under former Penal Code Section 1170(b) must be resentenced where reviewing court did not make a *Chapman v. California* assessment.
Criminal Law and Procedure CASC Aug. 2, 2024
People v. Hicks
A peremptory challenge to dismiss a juror based on her previous convictions and being "too opinionated" was not race-neutral.
Criminal Law and Procedure 4DCA/1 Aug. 1, 2024
Modification: People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill.
Criminal Law and Procedure 6DCA Jul. 31, 2024
People v. Malbry
Despite being "technically eligible" to remove lifetime registration, trial court did not err in sex offender's requiring continued registration for the community's protection.
Criminal Law and Procedure 2DCA/8 Jul. 30, 2024
John Doe v. Garland
Core habeas petition should have been dismissed where petitioner failed to name the warden of his facility as a respondent and filed in a district that he was not confined in.
Criminal Law and Procedure 9th Jul. 30, 2024
Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 29, 2024
People v. Hernandez
Defendant's appeal was dismissed when no issue was presented pertaining to the matter appealed and the court lacked jurisdiction on the only (unrelated) issue raised.
Criminal Law and Procedure 5DCA Jul. 26, 2024
Ruelas v. County of Alameda
Non-convicted incarcerated individuals performing services in county jails for a private, for-profit company had no wage and hour claims under the California Labor Code.
Criminal Law and Procedure, Employment Law 9th Jul. 29, 2024
Lee v. Thornell
Because absence of additional mitigating evidence of defense counsel was due more to lack of available evidence rather than to counsel's incompetence, district court did not err in denying habeas relief.
Criminal Law and Procedure 9th Jul. 25, 2024
People v. Jimenez
Youthful offender's second resentencing petition was not barred by issue preclusion because his initial petition was filed before material shift in law regarding youthful offender's legal culpability.
Criminal Law and Procedure 4DCA/1 Jul. 24, 2024
U.S. v. Yepez
Compassionate release provision may not be used to shorten the terms of a supervised release.
Criminal Law and Procedure 9th Jul. 24, 2024
People v. Hernandez
Prosecution could not rescind plea agreement due to changes in sentence resulting from applications of ameliorative sentencing laws pursuant to the provisions of Penal Code Section 1172.5.
Criminal Law and Procedure 4DCA/3 Jul. 23, 2024
People v. Esquivias
Trial courts that grant habeas review are not obligated to revisit a defendant's entire sentence on review.
Criminal Law and Procedure 2DCA/2 Jul. 22, 2024
U.S. v. Rundo
Repetitive and organized nature of violent conduct, previous criminal history, and strength of evidence were sufficient to set defendant and purported similarly-situated comparator conduct apart.
Criminal Law and Procedure 9th Jul. 19, 2024
People v. Caparrotta
Defense counsel's facially neutral reason for peremptory challenge did not require totality of the circumstances analysis by the trial court because other reasons offered were conclusively invalid by statute.
Criminal Law and Procedure 4DCA/1 Jul. 18, 2024
Mendoza v. Superior Court (People)
Instead of using formulaic pandemic excuses, trial courts must establish and evidence good cause for misdemeanor trial delays specific to the case.
Criminal Law and Procedure 1DCA/4 Jul. 17, 2024
U.S. v. Livar
Due process requires a judicial determination that defendant breached a plea agreement before imposing a higher-end sentence; but the government need not secure that determination before recommending the revised sentence.
Criminal Law and Procedure 9th Jul. 16, 2024
People v. Velador
Trial courts have jurisdiction to grant mental health diversion to criminal defendants after the issue of defendant's competency has been raised but before competency has been decided.
Criminal Law and Procedure 4DCA/2 Jul. 15, 2024
People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill.
Criminal Law and Procedure 6DCA Jul. 15, 2024
Rodriguez v. Superior Court (People)
After deducting time attributable to defense-requested delays, criminal defendant had not been committed under the incompetence program beyond the maximum of two years.
Criminal Law and Procedure 6DCA Jul. 12, 2024
People v. Wood
Trial court abused its discretion by not staying civil proceedings in the face of inherent unfairness from parallel criminal proceedings based on same conduct where defendant was indigent and unrepresented.
Criminal Law and Procedure 4DCA/3 Jul. 12, 2024
People v. Lamb
Death penalty vacated where evidence could no longer support jury's decision of gang-murder special-circumstance allegation after passage of Assembly Bill 333.
Criminal Law and Procedure CASC Jul. 12, 2024