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People v. Pineda
At the penalty phase of a capital case, defendant's persistent chanting that another inmate was a "rat" was admissible because it conveyed a serious expression of intent to commit an act of unlawful violence. 		Criminal Law and Procedure CASC Jun. 28, 2022
Reposted to Provide Correct Version: People Spitzer v. AWI Builders, Inc.
A motion seeking to disqualify a district attorney from pursuing a civil claim under the unfair competition law must be decided under Penal Code Section 1424(a) because it is an authorized duty of the district attorney. 		Criminal Law and Procedure 4DCA/3 Jun. 28, 2022
Concepcion v. U.S.
The text of the First Step Act did not indicate that the district court could not consider reduced sentencing guidelines or rehabilitation for defendant's crack cocaine distribution charges. 		Criminal Law and Procedure USSC Jun. 28, 2022
Xiulu Ruan v. U.S.
To convict a doctor for prescribing controlled substances without authorization, the Government must prove that the doctor knowingly or intentionally acted without authorization. 		Criminal Law and Procedure USSC Jun. 28, 2022
People v. Romero
Defendant was ineligible for resentencing as a matter of law because he admitted that he acted intentionally, deliberately, and with premeditation in the commission of the murder. 		Criminal Law and Procedure 5DCA Jun. 27, 2022
People v. Montano
Gang enhancement trial bifurcation does not apply to first-degree murder gang special circumstance allegations under Section 190.2(a)(22). 		Criminal Law and Procedure 5DCA Jun. 24, 2022
People v. Whitmore
The trial court's error in forcing a criminal defendant to appear via video at a hearing was harmless because there was no indication that appearing remotely affected the hearing's outcome. 		Criminal Law and Procedure 4DCA/3 Jun. 24, 2022
People v. AWi Builders, Inc.
A motion seeking to disqualify a district attorney from pursuing a civil claim under the unfair competition law must be decided under Penal Code Section 1424(a) because it is an authorized duty of the district attorney. 		Criminal Law and Procedure 4DCA/3 Jun. 24, 2022
U.S. v. Taylor
Attempted Hobbs Act robbery did not qualify as a "crime of violence" under U.S.C. Section 924(c) since no element of the offense required proof that defendant actually used or threatened force. 		Criminal Law and Procedure USSC Jun. 22, 2022
Shoop v. Twyford
Order allowing prisoner to search for new evidence was not "necessary or appropriate in aid of" a federal court's adjudication of a habeas corpus action. 		Criminal Law and Procedure USSC Jun. 22, 2022
P. v. Basler
Where eligibility for relief under Penal Code Section 1170.95, the resentencing statute, requires an evidentiary hearing, a defendant has a right to be present at that hearing absent a valid waiver. 		Criminal Law and Procedure 4DCA/1 Jun. 22, 2022
People v. Richardson
Defendant's statement to, "Shoot him. Shoot him," evidenced him to be a major participant in a felony murder and ineligible for Penal Code Section 1170.95 resentencing. 		Criminal Law and Procedure 4DCA/2 Jun. 20, 2022
People v. Johnson
A defendant who threatened to kill himself if a witness calls the police did not threaten force against a "third party" under the prohibition on dissuading a witness by threat of force. 		Criminal Law and Procedure 1DCA/3 Jun. 20, 2022
People v. Flores
The trial court's consideration of defendant's record of conviction without a finding by the jury to impose an upper sentence term did not warrant resentencing. 		Criminal Law and Procedure 1DCA/3 Jun. 17, 2022
U.S. v. David
An alleged omission of an advisal did not affect defendant's substantial rights because he demonstrated understanding and knowledge of his appeal waiver during the execution of his plea agreement. 		Criminal Law and Procedure 9th Jun. 16, 2022
People v. Arreguin
Trial court lacked jurisdiction to summarily revoke defendant's probation because AB 1950's probation limit ended probation before the revocation. 		Criminal Law and Procedure 1DCA/3 Jun. 16, 2022
People v. Garcia
The trial court properly concluded that defendant understood the immigration consequences of his guilty plea based on his statements about now having to live in Mexico following the plea hearing. 		Criminal Law and Procedure 2DCA/6 Jun. 16, 2022
People v. Smith
Courts, not probation officers, must make the decision whether to require defendants to attend residential treatment programs. 		Criminal Law and Procedure 1DCA/5 Jun. 15, 2022
U.S. v. Manaku
The FBI's failure to leave a complete copy of a warrant did not justify suppression of evidence because the error seemed to be a negligent mistake, rather than deliberate disregard for the procedure. 		Criminal Law and Procedure 9th Jun. 15, 2022
People v. Qualkinbush
When imposing sentences, trial court decisions regarding mental health diversion must indicate they considered the anti-recidivism purposes of Penal Code Section 1001.35. 		Criminal Law and Procedure 4DCA/1 Jun. 15, 2022
People v. Zuniga
Defendant must pay restitution to hit and run victim even though his probation had been terminated early since the court was merely enforcing the previously unascertainable original restitution payment. 		Criminal Law and Procedure 4DCA/1 Jun. 15, 2022
People v. Bunas
A court ruling on a petitioner's motion for mental health diversion is not required to determine the defendant's eligibility prior to determining the offense's suitability. 		Criminal Law and Procedure 4DCA/1 Jun. 15, 2022
People v. Watts
The trial court's error, concluding that the prosecutor's consent was necessary for pretrial mental health diversion, was harmless as it independently found valid grounds for denying diversion. 		Criminal Law and Procedure 2DCA/8 Jun. 15, 2022
U.S. v. Mathews
Conviction for damaging property with an explosive was not a "crime of violence" under 18 U.S.C. 924(c)(1) because it criminalized the destruction of one's own property, not just others' property. 		Criminal Law and Procedure 9th Jun. 13, 2022
In re Sambrano
Absent the evidence of a primary target, the kill zone instruction should not have been given to jury in an attempted murder trial. 		Criminal Law and Procedure 4DCA/2 Jun. 10, 2022
U.S. v. Merrell
The First Step Act, and not the pre-amended statute, applies at post-Act resentencing of defendants whose sentences were imposed before the Act's passage. 		Criminal Law and Procedure 9th Jun. 10, 2022
U.S. v. Tagatac
Hawaii's second-degree robbery statute is divisible and renders the crime under each subsection a crime of violence. 		Criminal Law and Procedure 9th Jun. 10, 2022
Modification: P. v. Owens
Considering the totality of the circumstances, substantial evidence supported the finding that defendant acted with reckless indifference to human life. 		Criminal Law and Procedure 2DCA/6 Jun. 9, 2022
Willie Jones, Sr. v. USA
Petitioner's second or successive application for postconviction relief failed to make a prima facie showing because petitioner did not rely on a new rule of constitutional law, but rather a statutory one. 		Criminal Law and Procedure 9th Jun. 9, 2022
P. v. Rodriguez
Penal Code that listed probation length in a different code than the underlying crime had included probation length "within its provisions" under Assembly Bill 1950 since separation was a matter of form. 		Criminal Law and Procedure 1DCA/4 Jun. 8, 2022
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