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U.S. v. Richards
Court's imposition of term of imprisonment, without a jury finding that defendant violated a condition of supervised release prohibiting the defendant from possessing a firearm, did not violate defendant's constitutional rights. 		Criminal Law and Procedure 9th Nov. 1, 2022
People v. Machado
The trial court was not bound by the parties' stipulation that defendant was eligible to have his conviction vacated and was entitled to resentencing relief. 		Criminal Law and Procedure 2DCA/1 Nov. 1, 2022
People v. Vargas
Defendant who told the actual killer to shoot was still liable for murder as an aider and abettor even after changes to the felony murder rule. 		Criminal Law and Procedure 2DCA/2 Oct. 31, 2022
People v. Duran
Section 1172.6 evidentiary hearing for resentencing did not disturb defendant's final judgment of conviction, so the privilege against self-incrimination, and therefore the use immunity doctrine, did not apply. 		Criminal Law and Procedure 2DCA/2 Oct. 28, 2022
People v. Picazo
Statute allowing support dogs was not specific to only children, but may also be used by adult victims whose anxiety could be reduced by the dog's presence. 		Criminal Law and Procedure 1DCA/2 Oct. 27, 2022
In re: Jane Doe
18 U.S.C. Section 3663(a)(3) grants statutory authority to district courts to award restitution where a defendant agrees in a plea agreement to pay restitution. 		Criminal Law and Procedure 9th Oct. 26, 2022
U.S. v. Kabir
District court properly imposed a 300-month sentence on defendant since he was an "organizer" of a terrorist conspiracy who influenced others to take concrete actions against the United States. 		Criminal Law and Procedure 9th Oct. 25, 2022
People v. Schell
Participation in a retaliatory fatal gang attack where the other assailants used weapons to beat the victim was sufficient evidence to support his conviction for second-degree implied malice murder. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2022
People v. Keel
Petition for resentencing was improperly denied because defendant's youth greatly diminished any inference that he acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/1 Oct. 24, 2022
In re Tellez
Ineffective assistance of counsel claim failed because advisement of a potential Sexually Violent Predator Act commitment before pleading guilty to committing a lewd and lascivious act on a child is not constitutionally required. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
People v. Vizcarra
Defendant's petition to vacate his murder conviction and to be resentenced under Penal Code Section 1172.6 was properly denied because aiding and abetting implied malice murder is a valid form of murder liability. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
Michaels v. Davis
In a habeas petition, constitutional errors--improperly *Mirandized* confession and ineffective assistance of counsel--were not cumulatively prejudicial. 		Criminal Law and Procedure 9th Oct. 19, 2022
People v. Hardin
Denying a youth offender parole hearing to individuals convicted with a special-circumstance finding, but allowing a hearing for individuals convicted without such a finding violated equal protection. 		Criminal Law and Procedure 2DCA/7 Oct. 19, 2022
Amended Opinion: Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory. 		Criminal Law and Procedure 9th Oct. 18, 2022
U.S. v. Higuera
District court erred by failing to make reliability findings on three gang expert witnesses, but the error was harmless because testimony was based on witnesses' extensive experience. 		Criminal Law and Procedure 9th Oct. 14, 2022
Modification: People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury. 		Criminal Law and Procedure 1DCA/5 Oct. 12, 2022
U.S. v. Saelee
District court correctly denied defendant's motion to suppress because agents executed a search warrant that was both sought and issued independently of alleged Fourth Amendment violations. 		Criminal Law and Procedure 9th Oct. 12, 2022
People v. Johnson
Penal Code Section 12022.5(a) allows trial courts broad discretion to impose lesser uncharged firearm enhancements when it strikes firearm enhancement convictions through Section 12022.5(b). 		Criminal Law and Procedure 3DCA Oct. 6, 2022
Ochoa v. Davis
Potential jurors were properly excluded for cause because prosecutor's bank robbery hypothetical during voir dire was neither "egregious" or "misleading". 		Criminal Law and Procedure 9th Oct. 6, 2022
People v. Mitchell
Defendant was not entitled to have her sentence reduced because amended Penal Code Section 1170 does not apply to cases where sentence is imposed pursuant to a stipulated plea agreement. 		Criminal Law and Procedure 1DCA/5 Oct. 5, 2022
People v. Boukes
Where evidence supported that defendant would not have obtained a more favorable result even if his case had been bifurcated, any resulting error was harmless, not meriting reversal. 		Criminal Law and Procedure 4DCA/2 Oct. 3, 2022
People v. Nonaka
Civil settlement and release of liability between defendant and victim did not relieve defendant of his obligation to pay restitution for victim's economic loss resulting from attorney fees and costs. 		Criminal Law and Procedure 2DCA/6 Oct. 3, 2022
Gable v. Williams
Trial court's exclusion of third party's detailed and compelling confession violated petitioner's due process rights. 		Criminal Law and Procedure 9th Sep. 30, 2022
People v. Lastra
Motion to recuse district attorney and his office was proper because substantial evidence supported the trial court's determination that they were not likely to treat defendant Black Lives Matter protesters fairly. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2022
People v. Lopez
Defendant convicted of robbery demonstrated that he would not have accepted plea subjecting him to mandatory deportation because of his deep personal ties to the U.S. and legal inexperience. 		Criminal Law and Procedure 2DCA/2 Sep. 28, 2022
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 Sep. 27, 2022
U.S. v. Wright
Person last holding cash before it was seized was not entitled to its return because the government rebutted the presumption he was entitled to lawful possession of the money. 		Criminal Law and Procedure 9th Sep. 26, 2022
People v. Heard
For juvenile offenders who were sentenced to the functional equivalent of life without parole, denying the opportunity to petition for resentencing under Penal Code Section 1170(d)(1) violates equal protection. 		Criminal Law and Procedure 4DCA/1 Sep. 21, 2022
People v. Fuller
When a firearm enhancement under Penal Code Section 12022.53 has been charged and found true, a sentencing court has discretion to strike the enhancement and impose an uncharged lesser included enhancement. 		Criminal Law and Procedure 4DCA/2 Sep. 19, 2022
People v. Board of Parole Hearings
District Attorney's Office lacked standing for writ of mandate to invalidate bill that paroled convicted murderer since no statute authorized the Office to challenge the statute's validity. 		Criminal Law and Procedure 3DCA Sep. 16, 2022
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