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U.S. v. Davis
A district court's failure to recount the knowledge of status element during the plea colloquy was not plain error requiring reversal. 		Criminal Law and Procedure 9th May 16, 2022
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 13, 2022
People v. Forester
Because defendant was found guilty of stalking a victim of domestic violence, the two-year felony probation limitation in Penal Code Section 1203.1(a) did not apply. 		Criminal Law and Procedure 4DCA/1 May 12, 2022
People v. Lopez
Defendant's felony firearm possession sentence was remanded for resentencing pursuant to the sentencing changes in Senate Bill 567 since the evidence of the aggravating factors was not overwhelming and uncontested. 		Criminal Law and Procedure 4DCA/1 May 12, 2022
Dixon v. Shinn
Defendant's petition for habeas relief was denied because the state court reasonably determined that defendant's schizophrenia did not render him incompetent. 		Criminal Law and Procedure 9th May 12, 2022
Jones v. U.S.
28 U.S.C. Section 2244(b)(1)'s automatic dismissal for successive postconviction relief petitions for state sentences pursuant to Section 2254 does not apply to federal sentences pursuant to Section 2255. 		Criminal Law and Procedure 9th May 12, 2022
People v. Pineda
A statute that allowed defendants to challenge a juvenile court fitness proceeding by direct appeal, rather than through writ relief, did not apply retroactively because it did not ameliorate punishment. 		Criminal Law and Procedure 2DCA/5 May 11, 2022
People v. Delgado
Denial of defendant's motion to suppress was affirmed since the officers had reasonable suspicion that there was a contraband transfer based on commonsense judgments and inferences about the interaction. 		Criminal Law and Procedure 2DCA/8 May 10, 2022
People v. Parramartinez
The record demonstrated that the trial court considered the appropriate circumstances and exercised its discretion in a reasonable manner when it declined to strike defendant's firearm enhancements. 		Criminal Law and Procedure 4DCA/2 May 9, 2022
U.S. v. Begay
Second-degree murder constituted a crime of violence because defendant who acted with requisite mens rea to commit second-degree murder necessarily acted with at least extreme disregard for human life. 		Criminal Law and Procedure 9th May 6, 2022
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 4, 2022
People v. Whitmore
Assuming that the trial court erred in forcing a reluctant defendant to appear virtually, the error was harmless because the record did not reflect that an in-person hearing would have produced a more favorable result. 		Criminal Law and Procedure 4DCA/3 May 3, 2022
People v. Yang
Defendant who served time in competency treatment at state hospital showed that Penal Code Section 4019 violated equal protection by denying conduct credits he would have earned if he was receiving treatment in county jail. 		Criminal Law and Procedure 1DCA/3 May 3, 2022
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 2, 2022
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 2, 2022
People v. Anderson
Defendant's testimony from prior parole suitability hearings was admissible at his resentencing hearing because a sentence reduction is an "act of lenity," not implicating defendant's Fifth Amendment rights. 		Criminal Law and Procedure 1DCA/4 May 2, 2022
People v. Delgado
While appellant was not entitled to a youth offender parole hearing under equal protection, he was entitled to a *Franklin* hearing to consider youth-related factors under Penal Code Section 4801. 		Criminal Law and Procedure 4DCA/3 May 2, 2022
U.S. v. Phillips
Private citizen who accessed child pornography on defendant's computer at the direction of law enforcement was a permissible governmental search because private citizen merely mimicked her earlier search. 		Criminal Law and Procedure 9th May 2, 2022
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 Apr. 28, 2022
People v. Weisner
In an appeal from orders denying postconviction relief, the defendant does not have the right to submit his or her own arguments to the court as an individual, instead of through counsel. 		Criminal Law and Procedure 3DCA Apr. 28, 2022
People v. Estrada
Defendant convicted of first degree murder was ineligible for retroactive relief under Penal Code Section 1170.95 since the jury did not convict him under the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/8 Apr. 27, 2022
People v. Serrano
Defendant's conviction for simple assault was reversed because it was necessarily premised on the same conduct that resulted in defendant's conviction for infliction of corporal injury. 		Criminal Law and Procedure 5DCA Apr. 27, 2022
People v. Birdsall
Instructional error on the felony-murder theory was harmless because it was clear beyond a reasonable doubt that a rational jury would have adopted the theory that defendant was the actual killer. 		Criminal Law and Procedure 1DCA/4 Apr. 26, 2022
People v. McDavid
Resentencing on firearm enhancement was vacated to allow trial court to exercise discretion to strike enhancement and impose a lesser enhancement under recently decided *People v. Tirado*. 		Criminal Law and Procedure 4DCA/1 Apr. 25, 2022
Brown v. Davenport
When state courts have ruled on the merits of a state prisoner's claims and the prisoner seeks federal habeas relief, courts must apply both tests: *Brecht v. Abrahamson* and the Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure USSC Apr. 22, 2022
Jessup v. Shinn
Sentence of imprisonment without the possibility of any form of release for juvenile convicted of murder did not violate *Miller v. Alabama* since the sentencing judge considered defendant's youth in sentencing. 		Criminal Law and Procedure 9th Apr. 22, 2022
People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation. 		Criminal Law and Procedure CASC Apr. 22, 2022
People v. King
The unauthorized sentence rule does not itself create jurisdiction for a trial court to rule on an incarcerated defendant's motion to correct an alleged illegal sentence. 		Criminal Law and Procedure 2DCA/2 Apr. 20, 2022
People v. Vaughn
Defendant could be guilty of human trafficking of a minor, as an aider and abettor, even though he did not know that the victim was a minor. 		Criminal Law and Procedure 4DCA/2 Apr. 20, 2022
People v. Glukhoy
Alternative-theory error based on improper jury instruction of implied malice murder was harmless because the overwhelming evidence suggested defendant was an aider and abettor in fatal car chase. 		Criminal Law and Procedure 3DCA Apr. 20, 2022
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