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People v. DeMontoya
Defendant's new motion to withdraw her plea was properly denied on collateral estoppel grounds because the court had already considered the 2018 amendment to the withdrawal statute. 		Criminal Law and Procedure 4DCA/1 Dec. 8, 2022
People v. Lewis
Penal Code Section 12022.53(j) prevented the court from substituting defendant's Section 12022.53 gun sentencing enhancement for a more lenient Section 12022.5(a) gun enhancement. 		Criminal Law and Procedure 5DCA Dec. 8, 2022
People v. Henley
Trial court prejudicially erred in finding that defendant personally used a firearm during the robbery, in contradiction to the not-true finding of the jury, and thus improperly denied defendant's petition for resentencing. 		Criminal Law and Procedure 4DCA/1 Dec. 7, 2022
People v. E.M.
The trial court erred by denying recall on the sole ground that Senate Bill 1393 did not apply retroactively to defendant's case because it was final on appeal. 		Criminal Law and Procedure 6DCA Dec. 7, 2022
Claypool v. Superior Court (People)
Reasonable search of vehicle where parolee sat in back seat did not include locked glove compartment. 		Criminal Law and Procedure 3DCA Dec. 7, 2022
People v. Baudoin
Economic loss incurred by victim in relocating to get away from defendant must be verified as necessary to be included in an order of restitution. 		Criminal Law and Procedure 2DCA/1 Dec. 7, 2022
People v. Velez
Supreme Court's finding New York's gun carrying licensing statutes unconstitutional did not foreclose California defendant's retrial on a charge of carrying a loaded firearm in public as an active participant in a criminal street gang. 		Criminal Law and Procedure 5DCA Dec. 6, 2022
U.S. v. Reiche
Defendant was reckless to ignore the risks associated with suddenly throwing the brakes on a moving train that would have been obvious to a reasonable person. 		Criminal Law and Procedure 9th Dec. 6, 2022
People v. Ramirez
Criminal defendant waived his constitutional right to be present at his trial because there was substantial evidence that he voluntarily absented by overdosing on drugs the day of his trial. 		Criminal Law and Procedure CASC Dec. 6, 2022
Modification: In re Foster
Parole board's summary denial of prisoner's request to subpoena witnesses at parole rescission hearing was a violation of the prisoner's due process rights. 		Criminal Law and Procedure 1DCA/2 Dec. 5, 2022
People v. Avalos
Suspect's Miranda waiver was involuntary and required reversal where detective encouraged suspect to continue speaking to police after requesting counsel by saying she cared about getting his story out right. 		Criminal Law and Procedure 4DCA/3 Dec. 5, 2022
People v. Ware
Evidence to convict for conspiracy to commit murder was insufficient where the was a no evidence of a specific intent to agree to kill and to participate in killings. 		Criminal Law and Procedure CASC Dec. 2, 2022
People v. Braggs
Defendant was not entitled to, and trial court was not bound by, sentence recommended by Secretary of the Department of Corrections and Rehabilitation striking defendant's prior serious felony enhancement. 		Criminal Law and Procedure 6DCA Dec. 1, 2022
People v. Bartholomew
Even though it resulted in dismissed allegations, the prosecution had no right to appeal trial court's pre-adjudication order reducing charges to a misdemeanor because the order did not modify a verdict. 		Criminal Law and Procedure 2DCA/6 Nov. 30, 2022
People v. Camacho
While it was erroneous to order defendant convicted of first degree murder to submit to psychiatric evaluation, it was not reversible because his noncooperation was a minor part of the prosecution's case. 		Criminal Law and Procedure CASC Nov. 29, 2022
People v. Zarazua
Prosecutor's failure to use defendant's preferred pronouns did not amount to reversable prosecutorial misconduct when the record showed that it was not prejudicial. 		Criminal Law and Procedure 1DCA/3 Nov. 23, 2022
In re Kowalczyk
Bail provisions of Article 1, Section 28(f)(3) can be reconciled with those of Section 12, and both sections govern bail determinations in noncapital cases. 		Criminal Law and Procedure 1DCA/3 Nov. 23, 2022
U.S. v. Kirst
National Transportation Safety Board's investigation into a plane crash in Alaska was a "pending proceeding" for obstruction charge purposes since the agency had the power to subpoena and compel testimony. 		Criminal Law and Procedure 9th Nov. 23, 2022
People v. O'Day
Lack of knowledge of possible remedy was not good cause to justify defendant's delay of over a decade in filing petition for finding of actual innocence. 		Criminal Law and Procedure 1DCA/3 Nov. 21, 2022
People v. Monroe
Defendant's new sentence was vacated because trial court did not conduct full resentencing when it failed to apply all changes in the law that provided for judicial discretion regarding enhancements. 		Criminal Law and Procedure 1DCA/2 Nov. 18, 2022
U.S. v. Nishida
Supervised release conditions unlawfully delegated to a probation officer the discretion as to whether to require inpatient or outpatient treatment. 		Criminal Law and Procedure 9th Nov. 18, 2022
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 Nov. 18, 2022
People v. Miranda-Guerrero
Defendant knowingly waived his *Miranda* rights with minimal answer despite his lack of education and broken English based on the totality of the circumstances. 		Criminal Law and Procedure CASC Nov. 18, 2022
Prescott v. Santoro
Despite letters identifying other individuals as the shooter, considering the record as a whole meant petitioner could not meet burden of showing state court's denial of habeas petition was unreasonable. 		Criminal Law and Procedure 9th Nov. 16, 2022
People v. Griffin
Where a defendant-appellant does not file a brief and the court's review does not reveal arguable issues, it should issue a short unpublished opinion affirming the trial court's decision for the benefit of defendant and counsel. 		Criminal Law and Procedure 4DCA/2 Nov. 15, 2022
People v. Garcia
Defendant's counsel did not have a reasonable opportunity to gather evidence for a California Racial Justice Act discovery motion since she had less than a week to prepare the motion. 		Criminal Law and Procedure 1DCA/3 Nov. 14, 2022
People v. Buchanan
Delay of trial was not personally prejudicial once appearance date for misdemeanor arrest passed without formal charges being filed because defendants were no longer accused for Sixth Amendment purposes. 		Criminal Law and Procedure 6DCA Nov. 10, 2022
People v. Berdoll
Remand of trial court's imposition of an upper term sentence was unnecessary because any jury would have found at least one of the aggravating sentencing factors beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/6 Nov. 9, 2022
Amended Opinion: Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness. 		Criminal Law and Procedure 9th Nov. 8, 2022
In re Foster
Parole board's summary denial of prisoner's request to subpoena witnesses at parole rescission hearing was a violation of the prisoner's due process rights. 		Criminal Law and Procedure 1DCA/2 Nov. 3, 2022
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