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P. v. Accredited Surety and Casualty Co.
A surety on a bail bond was estopped from raising the invalidity of the reinstatement order as a basis for vacating the summary judgment. 		Criminal Law and Procedure 5DCA Jun. 8, 2022
U.S. v. Mendez
Defendant "used" his girlfriend's 14-year-old daughter to engage in sexually explicit conduct under United States Code Section 2251(a) when he placed hidden cameras in her bedroom. 		Criminal Law and Procedure 9th Jun. 7, 2022
People v. Soto
A generic advisement that a guilty plea "may" cause deportation did not adequately convey the mandatory immigration consequences and rendered defendant's guilty plea invalid. 		Criminal Law and Procedure 3DCA Jun. 6, 2022
Nazir v. Superior Court (People)
Trial court could dismiss a firearm sentencing enhancement based on the prosecutor's motion to dismiss pursuant to the District Attorney's Special Directive 20-08 if dismissal was "in furtherance of justice." 		Criminal Law and Procedure 2DCA/7 Jun. 3, 2022
The Association of Deputy District Attorneys v. Gascon
Mandamus was not available to compel a prosecutor to prove prior strikes under the three strikes law because the decision whether to prove a prior strike allegation or move to dismiss or strike it is discretionary. 		Criminal Law and Procedure 2DCA/7 Jun. 3, 2022
U.S. v. Werle
Defendant was prejudiced by not being informed of the knowledge element of being a felon in possession of a firearm, because defendant might not have known that he qualified as a felon. 		Criminal Law and Procedure 9th Jun. 3, 2022
Amended Opinion: U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth. 		Criminal Law and Procedure 9th Jun. 2, 2022
Atwood v. Shinn
New claims asserted by death row inmate in successive habeas corpus applications did not meet 28 U.S.C. Section 2244(b)(2)'s criteria. 		Criminal Law and Procedure 9th Jun. 1, 2022
People v. Padilla
Proposition 57, which required a hearing to determine if offenses should be heard in juvenile court, applied retroactively to defendant's nonfinal case since his sentence was vacated on habeas corpus. 		Criminal Law and Procedure CASC May 27, 2022
People v. Murphy
There was sufficient evidence to find implied malice in a vehicular homicide where defendant was smoking marijuana while waiting for the oil to be changed in his car and then drove 88 miles per hour in a residential area. 		Criminal Law and Procedure 2DCA/7 May 27, 2022
Modification: People v. Cruz-Partida
Pointing a loaded gun in the general area of others can establish the requisite intent required for assault. 		Criminal Law and Procedure 1DCA/1 May 27, 2022
People v. Jones
Defendant's case was remanded for resentencing in light of changes made to resentencing statutes. 		Criminal Law and Procedure 1DCA/4 May 26, 2022
People v. Whitson
Defendant could have his murder convictions resentenced under Penal Code Section 1170.95 since the jury did not necessarily find an intent to commit murder for his conspiracy to murder charge. 		Criminal Law and Procedure 2DCA/5 May 26, 2022
Modification: People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. 		Criminal Law and Procedure 3DCA May 26, 2022
P. v. Ramirez
A gang enhancement in a criminal trial may not be bifurcated retroactively under Penal Code Section 1109 as it is not an ameliorative measure. 		Criminal Law and Procedure 6DCA May 26, 2022
Shinn v. Martinez Ramirez
Under 28 U.S.C. Section 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel. 		Criminal Law and Procedure USSC May 24, 2022
Myers v. Superior Court (People)
Mentally disordered offerer committee's one-year extension of commitment began when the previous term expired, even though the trial court did not order the extension until nine months after the expiration. 		Criminal Law and Procedure 5DCA May 24, 2022
Modification: People v. Perez
After changes to Penal Code Section 1170.95, invalidated, non-final convictions are to be reversed and remanded to allow prosecutors to retry the counts on the new law. 		Criminal Law and Procedure 2DCA/3 May 24, 2022
Modification: People v. Lopez
"Actual killer" as used in the revised felony-murder rule refers to someone who personally killed the victim, as opposed to merely setting the chain of events in motion that lead to the victim's death. 		Criminal Law and Procedure 4DCA/3 May 23, 2022
U.S. v. Randall
Sentence enhancement for distribution of child pornography in exchange for valuable consideration does not require that defendant actually received the valuable consideration. 		Criminal Law and Procedure 9th May 23, 2022
Islas v. Superior Court (People)
Petitioner was categorically ineligible for diversion under Penal Code Section 1001.95 for her misdemeanor DUI case pursuant to Vehicle Code Section 23640's unambiguous prohibition of diversion for all DUI cases. 		Criminal Law and Procedure 6DCA May 23, 2022
People 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 May 20, 2022
People v. Parker
California's shield laws protected recordings made by a third party filming the prosecution working on defendant's case. 		Criminal Law and Procedure CASC May 20, 2022
Elias v. Superior Court (People)
No violation of defendant's right to a speedy trial where there was good cause to continue the case fifteen months due to COVID-19 and witness unavailability. 		Criminal Law and Procedure 4DCA/1 May 19, 2022
Modification: People v. Ramos
Defendant's gang enhancement was reversed because the existing record was insufficient to support the heightened evidentiary requirements set forth by amended Penal Code Section 186.22. 		Criminal Law and Procedure 5DCA May 18, 2022
People v. Watkins
Venue was improper at the Orange County Superior Court since the People presented no evidence placing defendant in Orange County at the time of the alleged vehicular burglaries. 		Criminal Law and Procedure 4DCA/3 May 18, 2022
U.S. v. Allen
District court's complete prohibition on the public's visual access to a trial to curb the spread of COVID-19 was not narrowly tailored, violating defendant's right to a public trial. 		Criminal Law and Procedure 9th May 17, 2022
Martinez v. Shinn
Mitchell v. United States's holding was not an 'extraordinary circumstance' justifying relief from judgment under Federal Rules of Civil Procedure 60(b)(6) since it did not affect the rules governing discovery. 		Criminal Law and Procedure 9th May 17, 2022
People v. Financial Casualty & Surety, Inc.
Surety's motion to set aside bail forfeiture is not a pleading subject to the tolling of the statute of limitations under the COVID-19 Emergency Rule 9. 		Criminal Law and Procedure 2DCA/3 May 17, 2022
People v. Fuentes
Resisting a police officer is not a lesser included offense of fleeing an officer while driving with wanton disregard for safety since resisting requires that the officer be performing a lawful duty. 		Criminal Law and Procedure 4DCA/2 May 16, 2022
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