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U.S. v. 101 Houseco LLC
A third party lacked statutory standing to challenge forfeiture proceedings by intervening in criminal proceedings. 		Criminal Law and Procedure 9th Jan. 11, 2022
People v. Porter
Trial court's determination that petitioner was ineligible for resentencing required reversal and remand in light of a recent amendment to expressly include convictions for attempted murder. 		Criminal Law and Procedure 5DCA Jan. 10, 2022
People v. Abdelsalam
Defendant's motion to vacate his conviction was properly denied because defendant understood that his plea would result in deportation. 		Criminal Law and Procedure 2DCA/8 Jan. 7, 2022
People v. Mejorado
Lack of facts in the record refuting petitioner's allegations meant failure to appoint counsel and issue an order to show cause in response to a resentencing petition was prejudicial error. 		Criminal Law and Procedure 2DCA/8 Jan. 5, 2022
People v. Superior Court (Valenzuela)
Aider and abettor's actions were sufficient to demonstrate, for the purposes of a preliminary hearing, that he intended and aided the direct perpetrator's act with conscious disregard for human life. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2022
People v. Harrison
Petitioner was entitled to resentencing without the need for a hearing because the trial court specifically found he did not act with reckless indifference to human life. 		Criminal Law and Procedure 1DCA/4 Jan. 4, 2022
U.S. v. Turchin
Federal nexus required for fraud involving identification documents is not automatically satisfied merely by showing that the identification document in question was issued by a state government. 		Criminal Law and Procedure 9th Jan. 4, 2022
U.S. v. Jackson
Defendant's claim for breach of plea agreement failed when the written agreement was fully integrated and defendant testified at plea colloquy that it represented the parties' entire agreement. 		Criminal Law and Procedure 9th Jan. 4, 2022
People v. Johnson
Defendant waived his earlier invocation of his right to counsel when defendant initiated conversation with a psychiatrist. 		Criminal Law and Procedure CASC Jan. 4, 2022
In re Mohammad
Department of Corrections and Rehabilitation's regulations excluding inmates convicted of nonviolent offenses who are also serving terms for violent offenses from Proposition 57 nonviolent offender early parole consideration were constitutional. 		Criminal Law and Procedure CASC Jan. 4, 2022
People v. Lopez
Gang enhancements were vacated because Assembly Bill 333 requires evidence of additional elements to impose gang enhancements. 		Criminal Law and Procedure 2DCA/8 Jan. 3, 2022
Grassi v. Superior Court (People)
Defendant was ineligible for misdemeanor diversion despite Legislature not expressly excluding driving under the influence of drugs under the diversion statute. 		Criminal Law and Procedure 4DCA/3 Dec. 30, 2021
People v. Zgurski
Penal Code Section 530.5(a), using the personal information of another for an unlawful purpose, does not require that defendant knew the personal identifying information used belonged to a real person. 		Criminal Law and Procedure 1DCA/3 Dec. 29, 2021
Amended Opinion: U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement. 		Criminal Law and Procedure 9th Dec. 29, 2021
People v. Clark
Defendant's judicial bias claim was without merit because trial judge's relationship with prosecutor was confined to involvement in a volunteer program. 		Criminal Law and Procedure 3DCA Dec. 28, 2021
People v. Turner
Defendant should have been granted a mistrial where the jury was prejudiced by improperly admitted evidence of another homicide charge that had been severed. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2021
Vallejo v. Superior Court (People)
A trial judge lacked authority to set aside as void a recused judge's dismissal order because the trial court lost subject matter jurisdiction when the sole charge against the defendant was dismissed. 		Criminal Law and Procedure 6DCA Dec. 28, 2021
Modification: People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing. 		Criminal Law and Procedure 4DCA/3 Dec. 27, 2021
Modification: People v. Waxlax
Defendant's dual convictions for assault were improper because they were two convictions of the same offense stemming from the same act. 		Criminal Law and Procedure 4DCA/2 Dec. 27, 2021
People v. Howard
Denial of an inmate's motion for a Franklin proceeding was deemed premature because the motion met the legal requirements to initiate the process. 		Criminal Law and Procedure 4DCA/3 Dec. 23, 2021
People v. Nault
Warrantless blood draws were not Fourth Amendment violations when the driver was unconscious and there was no opportunity for a breath test due to medical emergency the driver caused. 		Criminal Law and Procedure 2DCA/8 Dec. 22, 2021
U.S. v. Pollard
Nothing in the record objectively demonstrated that defendant would not have pled guilty to being a felon-in-possession had he known of the knowledge-of-status element. 		Criminal Law and Procedure 9th Dec. 22, 2021
People v. Sta Ana
A trial judge's arguably offensive word choice during questioning was not so prejudicial that it denied defendant a fair trial. 		Criminal Law and Procedure 6DCA Dec. 22, 2021
Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence. 		Criminal Law and Procedure 9th Dec. 21, 2021
People v. Lange
Police officer's hot pursuit of fleeing misdemeanant into a garage did not trigger the exclusionary rule even though the officer relied on binding precedent that was later overturned. 		Criminal Law and Procedure 1DCA/5 Dec. 21, 2021
Blakes v. Superior Court (People)
Motion to suppress should have been granted because the odor of burnt marijuana was insufficient to support probable cause for the warrantless search of a vehicle. 		Criminal Law and Procedure 3DCA Dec. 20, 2021
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 Dec. 20, 2021
People v. Wright
Denial of defendant's motion to represent himself at trial for being untimely was not an abuse of discretion when the motion was made two days before trial and appeared to be an attempt at an unjustifiable delay. 		Criminal Law and Procedure CASC Dec. 17, 2021
Modification: People v. Sorden
Defendant could not collaterally attack criminal protective order that restricted him from 'disturbing the peace' because CPO cannot be attacked for only being legally erroneous. 		Criminal Law and Procedure 4DCA/1 Dec. 17, 2021
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 Dec. 16, 2021
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