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Crespin v. Ryan
Life without parole plea for minor defendant violated the Eight Amendment because it stripped the sentencing judge of the discretion to impose a lesser sentence in light of defendant's youth. 		Criminal Law and Procedure 9th Aug. 22, 2022
Modification: People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights. 		Criminal Law and Procedure 2DCA/2 Aug. 18, 2022
U.S. v. Rodriguez
At sentencing, district court erred in analyzing whether to apply the minor-role adjustment to defendant convicted of importing methamphetamine into the United States. 		Criminal Law and Procedure 9th Aug. 18, 2022
U.S. v. Carter
Pursuant to the holding in Concepcion v. United States, failure to provide any reasons for decision regarding First Step Act sentence reduction motion was reversible error. 		Criminal Law and Procedure 9th Aug. 18, 2022
People v. Orosco
Denying defendant's request for self-representation at trial without evidence he suffered from a severe mental illness was a violation of his Sixth Amendment rights. 		Criminal Law and Procedure 4DCA/1 Aug. 18, 2022
People v. Guillory
Not true finding on special circumstance allegation did not require automatic vacatur and resentencing pursuant to Penal Code Section 1172.6 where other viable grounds for murder conviction existed. 		Criminal Law and Procedure 1DCA/5 Aug. 18, 2022
Modification: People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Aug. 15, 2022
People v. The North River Insurance Company (Bad Boys Bail Bonds)
Criminal defendant who left United States under federal safeguard and faced reentry bar was temporarily disabled by reason of detention by civil authorities, so the surrender period was tolled. 		Criminal Law and Procedure 6DCA Aug. 15, 2022
U.S. v. Magdaleno
Special condition of supervised release that prevented high-ranking gang member from associating with gang-affiliated siblings was substantively reasonable because it did not qualify as an intimate relationship. 		Criminal Law and Procedure 9th Aug. 12, 2022
People v. Morelos
Defendant knowingly and voluntarily waived his right to a jury trial during the guilt and penalty phases after informing the trial court that he understood the waiver three separate times. 		Criminal Law and Procedure CASC Aug. 12, 2022
Needham v. Superior Court (People)
The People may not retain a private psychological expert to testify in a trial to determine whether a party qualifies as a sexually violent predator. 		Criminal Law and Procedure 4DCA/3 Aug. 10, 2022
People v. Strong
Findings issued before *People v. Banks* do not categorically preclude a defendant convicted of felony murder with a special-circumstance finding from resentencing. 		Criminal Law and Procedure CASC Aug. 9, 2022
People v. Lopez
Assembly Bill No. 333's amendments to the definition of a criminal street gang applied to the voter-enacted gang conspiracy statute. 		Criminal Law and Procedure 5DCA Aug. 8, 2022
Modification: People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog. 		Criminal Law and Procedure 6DCA Aug. 8, 2022
Montiel v. Chappell
Even assuming counsel's deficient performance, state court ruling was not so lacking in justification that it met the demanding standard required to overturn it under AEDPA. 		Criminal Law and Procedure 9th Aug. 8, 2022
Fauber v. Davis
Defendant was not entitled to habeas relief because no clearly established federal constitutional law holds that an unaccepted plea offer qualifies as evidence in mitigation that must be admitted in a capital penalty proceeding. 		Criminal Law and Procedure 9th Aug. 8, 2022
People v. Vang
Felony-murder amendment applies in all felony murder cases, not just those with accomplice liability. 		Criminal Law and Procedure 3DCA Aug. 8, 2022
U.S. v. Brown
Denial of a sentence reduction was not an improper enhancement of a sentence based upon information disclosed in a safety valve proffer. 		Criminal Law and Procedure 9th Aug. 3, 2022
People v. Henson
In deciding a lack of probable cause Penal Code Section 995 motion, a trial court may consider the records of multiple magistrate proceedings without court-approved consolidation of those proceedings. 		Criminal Law and Procedure CASC Aug. 2, 2022
People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights. 		Criminal Law and Procedure 2DCA/2 Aug. 1, 2022
People v. Superior Court (Ortiz)
Pretrial diversion is not allowed for misdemeanor DUIs. 		Criminal Law and Procedure 4DCA/2 Aug. 1, 2022
Amended Opinion: Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. 		Criminal Law and Procedure 9th Aug. 1, 2022
People v. Ng
Though Evidence Code Section 1291 does not explicitly permit introduction of foreign testimony, analogizing with federal case law allowed for its admissibility. 		Criminal Law and Procedure CASC Jul. 29, 2022
U.S. v. Willy
In open carry state, there was no probable cause to arrest defendant carrying a firearm where witnesses had stated defendant had displayed the weapon but had not threatened anyone. 		Criminal Law and Procedure 9th Jul. 27, 2022
Fort v. State of Washington
Indeterminate Sentencing Review Board setting of hearings pursuant to Washington state statute was part of a judicial function warranting quasi-judicial immunity. 		Criminal Law and Procedure 9th Jul. 27, 2022
People v. Saibu
Trial court correctly applied the legal standard to determine whether the government had proved beyond a reasonable doubt that defendant had committed felony murder. 		Criminal Law and Procedure 4DCA/1 Jul. 27, 2022
People v. Flowers
When the record clearly indicated support for trial court's imposition of the upper term pursuant to Penal Code Section 1170 as it existed at the time, trial court's decision did not warrant reversal. 		Criminal Law and Procedure 2DCA/6 Jul. 27, 2022
People v. Mitchell
In deciding a petition for resentencing under Penal Code Section 1172.6 (formerly Section 1170.95), trial courts may consider all evidence admissible under the Evidence Code. 		Criminal Law and Procedure 2DCA/8 Jul. 26, 2022
Legg v. Dept. of Justice
Three-tiered registry for sex offenders convicted in adult court based on the age of the offender does not violate the Equal Protection Clause. 		Criminal Law and Procedure 3DCA Jul. 26, 2022
U.S. v. Donnelly
An eight-month pre-hospitalization commitment of incompetent defendant to Attorney General's custody plainly exceeded any period conceivably allowed by statute. 		Criminal Law and Procedure 9th Jul. 26, 2022
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