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Modification: People v. Rorabaugh
Warrantless seizure of defendant's vehicle accomplished by trespassing on private property was a Fourth Amendment violation for which defendant was entitled to suppression of the evidence so obtained. 		Criminal Law and Procedure 3DCA Feb. 1, 2022
People v. Gerson
Defendant was entitled to preconviction custody credit for time on home detention because he was similarly situated to individuals participating in an electronic monitoring program. 		Criminal Law and Procedure 4DCA/1 Feb. 1, 2022
People v. Holmes, McClain & Newborn
Although there was an apparent racial disparity in prosecution's initial use of peremptory challenges, nothing indicated the challenges were based on impermissible criteria when considered in context. 		Criminal Law and Procedure CASC Feb. 1, 2022
Modification: In re Lisea
Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction. 		Criminal Law and Procedure 3DCA Jan. 31, 2022
People v. Mani
Burglary is a crime of domestic violence for purposes of Penal Code Section 1109 given the Family Code's expanded definition of domestic violence includes disturbing the peace as a form of abuse. 		Criminal Law and Procedure 3DCA Jan. 28, 2022
People v. Orellana
Senate Bill 317, addressing conduct credit for medical treatment to gain competency, does not apply retroactively. 		Criminal Law and Procedure 6DCA Jan. 27, 2022
U.S. v. Ceja
Colloquy regarding defendant's oral waiver of a jury trial that did not discuss that jurors would be members of his community or his right to participate in jury selection was adequate. 		Criminal Law and Procedure 9th Jan. 27, 2022
U.S. v. Orrock
Indictment returned more than six years after first affirmative act of evading tax assessment was still timely when returned less than six years from the last affirmative act of evasion. 		Criminal Law and Procedure 9th Jan. 27, 2022
U.S. v. King
Federal inmate was statutorily barred from filing for compassionate release on his own motion because the date of his convictions placed him under the "old law" framework governing compassionate release. 		Criminal Law and Procedure 9th Jan. 26, 2022
People v. Rorabaugh
Warrantless seizure of defendant's vehicle accomplished by trespassing on private property was a Fourth Amendment violation for which defendant was entitled to suppression of the evidence so obtained. 		Criminal Law and Procedure 3DCA Jan. 26, 2022
People v. Banner
Courts may grant mental health diversion after first broaching its prospects with the parties, but has no duty to do so unless requested. 		Criminal Law and Procedure 5DCA Jan. 25, 2022
U.S. v. Saini
The district court's erroneous instruction was harmless error because overwhelming evidence showed that defendant intended to defraud his victims. 		Criminal Law and Procedure 9th Jan. 25, 2022
People v. Wimer
Conviction for the distribution of child pornography for commercial consideration required that defendant intended to receive payment at the time of distribution. 		Criminal Law and Procedure 1DCA/1 Jan. 24, 2022
U.S. v. Flucas
Transportation of a minor with intent to engage in criminal sexual activity requires criminal sexual activity to be a motivating purpose, but it need not be the dominant purpose. 		Criminal Law and Procedure 9th Jan. 24, 2022
People v. Tirado
Trial court had discretion to strike enhancement found true by jury and apply lesser enhancement whose predicate facts were necessarily encompassed by the facts constituting the greater enhancement. 		Criminal Law and Procedure CASC Jan. 21, 2022
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 Jan. 19, 2022
Modification: In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment. 		Criminal Law and Procedure 4DCA/2 Jan. 19, 2022
People v. Luper
Independent review of the entire record for error by the appellate court when counsel fails to identify arguable issues is not a guaranteed right in appeals from commitment extension proceedings. 		Criminal Law and Procedure 2DCA/8 Jan. 19, 2022
Young v. U.S.
Certification denied for petitioners' applications for successive habeas corpus petitions that did not "rely on" a new rule of constitutional law. 		Criminal Law and Procedure 9th Jan. 19, 2022
In re Lisea
Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction. 		Criminal Law and Procedure 3DCA Jan. 18, 2022
People v. Flores
Defendant-Appellant was entitled to a weighing of aggravating and mitigating circumstances to determine if his age at the time of the offense entitled him to imposition of a lower sentence. 		Criminal Law and Procedure 1DCA/5 Jan. 18, 2022
People v. Langi
The trial court erred in treating the opinion affirming defendant's conviction as conclusively establishing that defendant was found as the actual killer. 		Criminal Law and Procedure 1DCA/4 Jan. 14, 2022
Sanders v. Davis
A capital defense attorney has a duty to ensure that a client's decision not to present mitigating evidence at the penalty phase is informed and knowing. 		Criminal Law and Procedure 9th Jan. 14, 2022
In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment. 		Criminal Law and Procedure 4DCA/2 Jan. 13, 2022
People v. Newsom
Vehicle's loss of value due to "branded title" caused by theft was a real economic loss for which Defendant-Appellant must pay restitution even if victim does not sell the vehicle. 		Criminal Law and Procedure 2DCA/8 Jan. 12, 2022
People v. Garrison
Defendant was ineligible for resentencing because the evidence and defendant's plea supported only the conclusion that defendant was the actual killer. 		Criminal Law and Procedure 2DCA/1 Jan. 12, 2022
U.S. v. Ponce
Denial of early termination of supervised release that may have resulted from misstatement of law in an earlier decision requiring exceptional behavior was vacated. 		Criminal Law and Procedure 9th Jan. 12, 2022
U.S. v. Buck
A defendant's conviction for assaulting a mail carrier with intent to steal qualified as a crime of violence. 		Criminal Law and Procedure 9th Jan. 12, 2022
Modification: People v. Jimenez
Defendant's murder conviction was reversed because the police officer obtained defendant's confession by threatening to charge his sons with murder. 		Criminal Law and Procedure 4DCA/2 Jan. 12, 2022
U.S. v. Lonich
In balancing 'Barker' factors, government's decision to file new charges in superseding indictment did not result in Speedy Trial Clause violation. 		Criminal Law and Procedure 9th Jan. 11, 2022
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