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People v. Flint
When the jury finds "not true" that a felony-murder special circumstance applied to the murder, that is considered a finding which requires the court to grant a petition for resentencing unless an exception applies. 		Criminal Law and Procedure 2DCA/1 Feb. 28, 2022
People v. Hall
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Feb. 24, 2022
Modification: People v. Sek
Amended gang enhancement statute required that defendant's gang enhancements be stricken when it was unclear whether the jury relied on reputational benefit to street gang in rendering its finding. 		Criminal Law and Procedure 2DCA/1 Feb. 24, 2022
In re K.M.
Defendant was not liable for aiding and abetting a robbery because although he was present, insufficient evidence showed that he affirmatively assisted or encouraged the robbery. 		Criminal Law and Procedure 1DCA/5 Feb. 22, 2022
People v. Smith
A petitioner for release under the Sexually Violent Predators Act did not need to show a material change since his last petition for release because his earlier petition was not denied on the merits or found to be frivolous. 		Criminal Law and Procedure 1DCA/5 Feb. 22, 2022
Oliver v. Davis
Debatable inferences of evidence that a preemptory challenge to strike a juror was pretextual should have been resolved in favor of the state court. 		Criminal Law and Procedure 9th Feb. 18, 2022
People v. Lopez
Mask mandate did not violate right to confront witnesses because it was necessary to further the public policy of ensuring courtroom attendees' safety during the COVID-19 pandemic and did not inhibit the testimonies' reliability. 		Criminal Law and Procedure 2DCA/8 Feb. 17, 2022
People v. Butler
Assembly Bill No. 1950, which reduces the maximum probationary term for most felony offenses to two years, does not allow renegotiation of a plea agreement that exceeds the new maximum. 		Criminal Law and Procedure 2DCA/8 Feb. 17, 2022
People v. Sanchez
Defendant's attempted murder conviction was reversed because it could not be determined whether the jury relied on the natural and probable consequences doctrine in reaching its verdict. 		Criminal Law and Procedure 5DCA Feb. 17, 2022
People v. Clements
Although admitting a factual summary from a prior appellate decision was improper, the trial court's ruling was upheld because defendant failed to identify any portions of the appellate opinion the trial court relied on. 		Criminal Law and Procedure 4DCA/2 Feb. 17, 2022
People v. Alvarez
A COVID-19 requirement that witnesses wear masks while testifying did not violate the face-to-face requirement of the Confrontation Clause. 		Criminal Law and Procedure 2DCA/7 Feb. 16, 2022
Modification: People v. Zamora
Where juror objects to release of jurors' identifying information, court must determine whether good cause for disclosure exists before releasing the identifying information. 		Criminal Law and Procedure 4DCA/3 Feb. 16, 2022
De La Cerda v. Superior Court (People)
Under the statute defining child pornography possession, Penal Code Section 311.11(c) is an alternate penalty provision and its subdivisions cannot be pleaded as separate offenses. 		Criminal Law and Procedure 5DCA Feb. 16, 2022
People v. Jackson
In sexually violent person cases, to determine whether to exclude defense expert witness testimony, trial courts must consider both statutory laws and defendant's constitutional due process right to present such evidence. 		Criminal Law and Procedure 4DCA/3 Feb. 16, 2022
People v. Reynoza
The evidence was insufficient to prove that defendant attempted to prevent or dissuade a witness from causing a complaint to be filed. 		Criminal Law and Procedure 6DCA Feb. 16, 2022
People v. Cortes
Defendant failed to make a showing that he was entitled to resentencing because the record demonstrated that he was not convicted under the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/5 Feb. 16, 2022
People v. Pacheco
Trial court's choice of criminal conviction with formal supervised probation over pretrial mental health diversion for arsonist was appropriate in light of the need to place the safety of the community first. 		Criminal Law and Procedure 2DCA/6 Feb. 16, 2022
Rogers v. Dzurenda
Defendant prevailed on his ineffective assistance claim because trial counsel's preparation and execution of their chosen insanity defense fell below an objective standard of reasonableness. 		Criminal Law and Procedure 9th Feb. 15, 2022
Stevens v. Davis
Writ for habeas corpus was properly denied when the prosecutor's decision to strike black prospective jurors was not clearly a pretext for discrimination on the basis of race. 		Criminal Law and Procedure 9th Feb. 15, 2022
People v. Hampton
Where the original trial court dismissed a special circumstance allegation for insufficient evidence, the dismissal was equivalent to an acquittal when considering a resentencing petition. 		Criminal Law and Procedure 3DCA Feb. 14, 2022
People v. Delgado
Modification to the criminal street gang enhancement statute, Penal Code Section 186.22(f)'s "collectively engage" in a pattern of criminal activity requires proving that two or more gang members committed each predicate offense. 		Criminal Law and Procedure 2DCA/7 Feb. 14, 2022
People v. Vasquez
A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements. 		Criminal Law and Procedure 5DCA Feb. 10, 2022
People v. Scarano
Remedy for Assembly Bill No. 1950, which changed with certain exceptions, the maximum length of probation for felony cases to two years, is remand and opportunity to void plea agreements. 		Criminal Law and Procedure 3DCA Feb. 10, 2022
U.S. v. Mendoza
Defendant's conviction for conspiracy to distribute methamphetamine was vacated because there was insufficient evidence to establish an agreement to further distribute the drug. 		Criminal Law and Procedure 9th Feb. 9, 2022
People v. Speck
Jury should have been instructed regarding mistake of fact where defendant was charged with offenses requiring specific intent and presented substantial evidence regarding the defense. 		Criminal Law and Procedure 3DCA Feb. 4, 2022
U.S. v. Jackson
The government failed to establish that defendant kidnapped plaintiff because any seizure that occurred did not occur beyond the assault. 		Criminal Law and Procedure 9th Feb. 4, 2022
People v. Mendoza
Sentencing defendant to prison for assault with a deadly weapon and assault with force likely to cause great bodily injury based on multiple blows incident to single objective was improper. 		Criminal Law and Procedure 2DCA/8 Feb. 4, 2022
People v. Sek
Amended gang enhancement statute required that defendant's gang enhancements be stricken when it was unclear whether the jury relied on reputational benefit to street gang in rendering its finding. 		Criminal Law and Procedure 2DCA/1 Feb. 3, 2022
People v. Chatman
Conviction for mail fraud where the value of property obtained was valued at $950 or less must be redesignated as a misdemeanor pursuant to Proposition 47. 		Criminal Law and Procedure 1DCA/4 Feb. 2, 2022
U.S. v. Schlenker
Defendant's declaratory action improperly sought to carve out a collateral issue from a potential habeas petition to use the Declaratory Judgment Act as a substitute to challenge his sentence. 		Criminal Law and Procedure 9th Feb. 2, 2022
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