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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 Sep. 15, 2022
U.S. v. Reed
Erroneous jury instruction on firearm charge based on both an invalid and valid conspiracy predicate crime was not prejudicial because both conspiracies were inextricably intertwined. 		Criminal Law and Procedure 9th Sep. 15, 2022
U.S. v. Chen
When determining whether extraordinary and compelling reasons exist for sentence reduction, courts may consider the First Step Act's non-retroactive changes to stacked sentencing law. 		Criminal Law and Procedure 9th Sep. 15, 2022
People v. Thompson
The court found no reversible error where prosecutor told part of the fable of the scorpion and the frog during voir dire. 		Criminal Law and Procedure 6DCA Sep. 14, 2022
People v. Sifuentes
Felony-murder rule peace officer exception applied where circumstantial evidence supported a finding that robber would have been aware of the facts of officer's death. 		Criminal Law and Procedure 1DCA/4 Sep. 14, 2022
U.S. v. Montoya
Defendant's non-binding type-B plea agreement was not transformed into a binding type-C plea agreement after the district court declined to adopt the parties' sentencing recommendation. 		Criminal Law and Procedure 9th Sep. 14, 2022
U.S. v. Fowler
Search conducted by state trooper acting pursuant to cross-deputization agreement was valid because tribes have inherent sovereign authority to select individuals who may act as tribal police on tribal lands. 		Criminal Law and Procedure 9th Sep. 14, 2022
People v. Bueno
Prison inmate who received illegal cell phone may be convicted of conspiracy to deliver a cell phone to a prisoner because he had prearranged a plan with the deliverer. 		Criminal Law and Procedure 4DCA/1 Sep. 13, 2022
People v. Rowland
Affidavit was not deficient because magistrate could reasonably infer that citizen informant acted in accord with Microsoft's legal obligation to report apparent child pornography. 		Criminal Law and Procedure 6DCA Sep. 12, 2022
People v. Nguyen
Under the Interstate Agreement on Detainers, dismissal was not available when Colorado warden took 14 weeks to notify prisoner of his right to demand final disposition of his pending California charges. 		Criminal Law and Procedure 6DCA Sep. 6, 2022
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 Sep. 6, 2022
Lopez v. Allen
Trial counsel was not ineffective when failing to obtain firearm's acoustic expert because facts showed there was no reasonable probability that the outcome would be different even with its inclusion. 		Criminal Law and Procedure 9th Sep. 6, 2022
People v. Garcia
Felony-murder conviction was upheld since petitioner was still considered the "actual killer" of a 82-year-old who died from an aggravated preexisting medical condition during the underlying robbery. 		Criminal Law and Procedure 3DCA Sep. 6, 2022
Wright v. Alaska
The district court did not have jurisdiction in a habeas case because there was no sufficient nexus between failing to register as a sex offender in Tennessee and the Alaska sexual abuse conviction. 		Criminal Law and Procedure 9th Sep. 1, 2022
People v. Cheatham
Although civil in nature, double jeopardy principles still apply to commitment extension proceedings. 		Criminal Law and Procedure 3DCA Aug. 31, 2022
Amended Opinion: Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence. 		Criminal Law and Procedure 9th Aug. 30, 2022
People v. Tran
Amendments made to the gang enhancement law by Assembly Bill 333 require striking the jury's true finding of the gang enhancement, but not reversal of the guilty verdict or death sentence. 		Criminal Law and Procedure CASC Aug. 30, 2022
Bowden v. Superior Court (People)
Assembly Bill 1950 limited plaintiff's original five-year probation to only two years because the Penal Code section for vehicular manslaughter while intoxicated did not contain a specific probation length. 		Criminal Law and Procedure 1DCA/3 Aug. 29, 2022
U.S. v. Anderson
Private security officer providing security at government building was assisting federal officials with their official duties and was covered under statute that prohibited threatening federal officials and employees. 		Criminal Law and Procedure 9th Aug. 26, 2022
People v. Renteria
Application of gang enhancement required substantial evidence that defendant, acting on his own, specifically intended his actions to promote his gang's criminal activities. 		Criminal Law and Procedure CASC Aug. 26, 2022
People v. Ramirez
Denial of defendant's motions to change venue was proper because media coverage and victim's popularity in the community did not raise a reasonable likelihood that impartial jurors could not be impaneled. 		Criminal Law and Procedure CASC Aug. 26, 2022
People v. Aguayo
Since assault with a deadly weapon and assault likely to cause great bodily injury are different statements of the same offense, defendant could not be convicted of both offenses for one course of conduct. 		Criminal Law and Procedure CASC Aug. 26, 2022
U.S. v. Jaimez
Defendant's money laundering conspiracy conviction was upheld because there was extensive evidence that foot soldiers like him were involved in and understood the gang's money laundering operation. 		Criminal Law and Procedure 9th Aug. 24, 2022
In re Milton
The Gallardo rule does not apply retroactively to cases on collateral review because it is procedural in nature. 		Criminal Law and Procedure CASC Aug. 23, 2022
U.S. v. Ramirez-Ramirez
Defendant's right to a public trial was violated when the district court made only a written finding of guilt rather than announcing it in a public proceeding. 		Criminal Law and Procedure 9th Aug. 23, 2022
People v. Hendrix
Erroneous jury instruction on mistake of fact for burglary was prejudicial because there was more than an abstract possibility the outcome would have been different if the instruction was correct. 		Criminal Law and Procedure CASC Aug. 23, 2022
Nguyen v. Frauenheim
Defendant's *Batson* claim on habeas review failed because even if the court were to create a new rule establishing a new cognizable group, it could not be retroactively applied to defendant's claims. 		Criminal Law and Procedure 9th Aug. 22, 2022
People v. Nieber
Magistrate's finding that there was insufficient evidence that defendant was a major participant was not comparable to a jury acquittal that would establish eligibility for Penal Code Section 1172.6 resentencing. 		Criminal Law and Procedure 4DCA/1 Aug. 23, 2022
People v. Salgado
After recall and resentencing, a criminal defendant's judgment is no longer final, so the defendant was entitled to the application of newly enacted, ameliorative laws during resentencing. 		Criminal Law and Procedure 4DCA/3 Aug. 22, 2022
Reno v. Davis
Purging of officers' records two months after defendant's first direct appeal did not rise to due process violation as it was not done in bad faith nor was the evidence material. 		Criminal Law and Procedure 9th Aug. 22, 2022
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