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People v. Burgos
Penal Code Section 1109, which requires trial bifurcation for gang enhancements, applies retroactively since it was enacted to ameliorate the punishment of trying enhancements with the underlying crimes. 		Criminal Law and Procedure 6DCA Apr. 19, 2022
People v. Coley
Trial court did not err in denying defendant's petition for resentencing without issuing an order to show cause because his conviction necessarily involved express malice. 		Criminal Law and Procedure 1DCA/5 Apr. 19, 2022
U.S. v. McCarron
Multiple proposed lurid rendezvous, even if purely hypothetical, sufficed as evidence of a substantial step in defendant's attempt to cause a minor's assent to unlawful sexual activity. 		Criminal Law and Procedure 9th Apr. 19, 2022
People v. Crites
Penal Code Section 1203.01(a) allows trial courts to create postjudgment records that include probation officers' reports and comments from the judge and district attorney pertaining to the crime or the criminal. 		Criminal Law and Procedure 1DCA/4 Apr. 18, 2022
U.S. v. House
Government conceded recent caselaw controlled as to sentencing enhancement based on defendant's prior marijuana conviction, and that the court should remand for resentencing without treating the conviction as a qualifying offense. 		Criminal Law and Procedure 9th Apr. 18, 2022
People v. Canedos
Retroactive reduction in maximum parol duration meant that the court no longer had jurisdiction to revoke probation for violations committed after the new maximum duration. 		Criminal Law and Procedure 2DCA/1 Apr. 15, 2022
People v. Pantoja
Defendant wearing baggy clothing and having a history of weapons possession was not sufficient evidence to reasonably support a suspicion that he was armed and dangerous during traffic stop. 		Criminal Law and Procedure 1DCA/2 Apr. 14, 2022
People v. Hola
The proper procedure for a direct appeal challenge based on the elimination of the natural and probable consequences doctrine is remand for a new trial. 		Criminal Law and Procedure 3DCA Apr. 13, 2022
People v. Flores
Based on the legislative intent underlying Assembly Bill 1950 to advance specific public policy goals through the reduction of probation terms, defendant was entitled to modification of his probation term. 		Criminal Law and Procedure 5DCA Apr. 13, 2022
People v. Cooper
Courts cannot deny retroactive relief to a convicted murderer under Penal Code Section 1170.95 based on findings that are inconsistent with a previous acquittal where no other evidence is introduced. 		Criminal Law and Procedure 1DCA/1 Apr. 13, 2022
People v. Banner
Defendant's psychological trauma stemming from mental illness may have been a contributing factor in the commission of attempted robberies that warranted a lower sentence. 		Criminal Law and Procedure 5DCA Apr. 12, 2022
People v. Bracamontes
Though crime occurred in 1991 and defendant not charged until 2003, delay was not prejudicial as the reason for the delay was investigative in nature and any presumed prejudice was minimal. 		Criminal Law and Procedure CASC Apr. 12, 2022
U.S. v. Irons
Defendant carried his burden to show that erroneous supplemental jury instruction affected his substantial rights because the error effectively removed from the jury's consideration the only disputed issue. 		Criminal Law and Procedure 9th Apr. 12, 2022
Slaieh v. Superior Court (Slaieh)
The deposition provision of Marsy's Law does not apply to civil proceedings because it expressly provides rights to victims and their families in the criminal justice system. 		Criminal Law and Procedure 4DCA/2 Apr. 11, 2022
People v. Lopez
Penal Code Section 182.22(b)(4)'s gang-related sentencing enhancement only addresses completed home invasion robberies, not conspiracies to commit home invasion robberies. 		Criminal Law and Procedure CASC Apr. 8, 2022
People v. Accredited Surety & Casualty
Surety's obligations for original $75,000 bond ceased when the court increased defendant's bail and remanded him to the sheriff's custody. 		Criminal Law and Procedure 3DCA Apr. 8, 2022
U.S. v. Hylton
Independent reasonable suspicion to perform a criminal history check during a traffic stop is not required because it is a negligibly burdensome precaution required for officer safety. 		Criminal Law and Procedure 9th Apr. 6, 2022
U.S. v. Fower
Compassionate relief is not available to defendants before incarceration. 		Criminal Law and Procedure 9th Apr. 5, 2022
U.S. v. Kirilyuk
Application Notes' definition of "loss" as $500 per unauthorized credit card was not binding since it acted as a punishment enhancement rather than illuminating the Sentencing Guideline's definition. 		Criminal Law and Procedure 9th Apr. 4, 2022
U.S. v. Medina-Suarez
Courts are to provide instruction on a lesser-included offense where the charged offense requires the jury to determine a disputed factual element that is not required for the lesser-included offense. 		Criminal Law and Procedure 9th Apr. 4, 2022
People v. Flores
Defendant's stipulation that preliminary hearing transcripts provided a factual basis for his guilty plea was not a binding admission for the purposes of resentencing. 		Criminal Law and Procedure 5DCA Mar. 31, 2022
People v. Kiger
Defendant's domestic battery charges were not eligible for enhanced penalties since the relevant prior conviction was for attempted domestic battery, not a completed domestic battery. 		Criminal Law and Procedure 4DCA/2 Mar. 31, 2022
People v. McMurray
Trial court was required to reconsider the California Department of Corrections and Rehabilitation Secretary's resentencing recommendations following the passage of Assembly Bill 1540, which effectively clarified existing resentencing law. 		Criminal Law and Procedure 3DCA Mar. 31, 2022
In re Bailey
Proposition 57, which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense, did not incorporate an in-person hearing requirement. 		Criminal Law and Procedure 3DCA Mar. 30, 2022
People v. Garcia
Upper term on defendant's second degree robbery sentence was vacated because trial court appeared to have relied upon factors in aggravation neither admitted nor found true beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/8 Mar. 30, 2022
People v. Kelley
The court was not required to modify a criminal protective order because the requirement that defendant not "knowingly" come within 400 feet of victim was implicit in the order. 		Criminal Law and Procedure 3DCA Mar. 30, 2022
U.S. v. Kvashuk
Search warrant affidavit showed a fair probability that evidence of defendant stealing millions in digital gift cards from his employer, Microsoft, would be found on a computer at defendant's residence. 		Criminal Law and Procedure 9th Mar. 29, 2022
Ross v. Davis
California Supreme Court reasonably determined that a special circumstances instruction included the necessary specific intent to satisfy the culpability requirement rendering an erroneous jury instruction harmless error. 		Criminal Law and Procedure 9th Mar. 28, 2022
U.S. v. Mendez
The Juvenile Delinquency Act was not applicable where defendant continued to participate in a conspiracy after reaching the age of majority. 		Criminal Law and Procedure 9th Mar. 25, 2022
U.S. v. Wells
A special condition of supervised release, whose definition of "computer" could be understood to encompass household objects, was unconstitutionally vague. 		Criminal Law and Procedure 9th Mar. 23, 2022
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