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Amended Opinion: U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy. 		Criminal Law and Procedure 9th Nov. 17, 2021
Munoz v. Smith
Petitioner's claims were not cognizable under federal habeas law where supervisory conditions were not "custodial" within the meaning of federal habeas statute. 		Criminal Law and Procedure 9th Nov. 16, 2021
People v. Davenport
A trial court erred in denying a petition for resentencing when it considered facts from a preliminary hearing transcript that defendant did not stipulate to as a factual basis for his no contest plea. 		Criminal Law and Procedure 1DCA/4 Nov. 12, 2021
People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions. 		Criminal Law and Procedure 3DCA Nov. 11, 2021
People v. Cuadra
Plaintiff raising his hands in the air and questioning why he was being detained demonstrated submission to a show of authority. 		Criminal Law and Procedure 2DCA/8 Nov. 9, 2021
People v. Revels
Jurors' impartiality was not an issue where a testifying doctor provided minor assistance to an alternate juror. 		Criminal Law and Procedure 3DCA Nov. 9, 2021
U.S. v. Prasad
Amount forfeited from fraudulent visa scheme correctly includes all proceeds obtained from the illegal activity and not just the profits after accounting for costs. 		Criminal Law and Procedure 9th Nov. 9, 2021
Modification: Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder. 		Criminal Law and Procedure 5DCA Nov. 2, 2021
Ochoa v. Davis
Habeas corpus applicant was required to show that the *Brady* violation prejudiced his case in order to make a successful habeas claim. 		Criminal Law and Procedure 9th Nov. 2, 2021
People v. James
Courts must consider a defendant's background, character, and prospects in determining if she is within the spirit of the three strikes law. 		Criminal Law and Procedure 1DCA/2 Nov. 1, 2021
Modification: People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable. 		Criminal Law and Procedure 6DCA Nov. 1, 2021
People v. Navarro
Conspiracy to commit murder could be inferred from defendant's actions and associations involving the alleged conspiracy. 		Criminal Law and Procedure CASC Oct. 29, 2021
Modification: People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393. 		Criminal Law and Procedure 2DCA/4 Oct. 29, 2021
Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder. 		Criminal Law and Procedure 5DCA Oct. 28, 2021
People v. Shropshire
A defendant was entitled to apply the difference between his credits earned and his newly-reduced sentence to another term that he was serving. 		Criminal Law and Procedure 3DCA Oct. 27, 2021
People v. Jenkins
When a sentencing court's findings are made under a lower standard than reasonable doubt, they cannot preclude eligibility for relief based on the elimination of the natural and probable consequences doctrine. 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2021
Modification: Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. 		Criminal Law and Procedure 6DCA Oct. 27, 2021
In re M.S.
Because the expert witness did not know the stun gun's voltage, there was insufficient evidence to find that defendant's device was capable of immobilizing a person. 		Criminal Law and Procedure 1DCA/3 Oct. 25, 2021
U.S. v. Tat
Fully accurate records are not false entries for a criminal charge of making a false entry in bank records, even if a check had a nexus to money laundering. 		Criminal Law and Procedure 9th Oct. 22, 2021
McGill v. Shinn
A post-conviction relief court reasonably concluded that defense counsel's performance was not objectively deficient in light of prevailing professional norms. 		Criminal Law and Procedure 9th Oct. 22, 2021
Modification: People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket. 		Criminal Law and Procedure CASC Oct. 22, 2021
People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable. 		Criminal Law and Procedure 6DCA Oct. 21, 2021
Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. 		Criminal Law and Procedure 6DCA Oct. 21, 2021
People v. Dominguez
A petition for resentencing based on changes to felony murder law does not allow an inmate to relitigate factual issues decided against him. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2021
People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393. 		Criminal Law and Procedure 2DCA/4 Oct. 20, 2021
Modification: In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications. 		Criminal Law and Procedure 3DCA Oct. 20, 2021
Modification: People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between. 		Criminal Law and Procedure 6DCA Oct. 18, 2021
People v. Kaihea
Gang-related evidence may be considered when determining if defendant killed in self-defense or heat of passion. 		Criminal Law and Procedure 3DCA Oct. 15, 2021
People v. Contreras
A trial court did not abuse its discretion in ordering a defendant to register as a sex offender because it was not required to explicitly find that the defendant was likely to reoffend. 		Criminal Law and Procedure 5DCA Oct. 15, 2021
Modification: Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. 		Criminal Law and Procedure CASC Oct. 15, 2021
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