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Name Category Published
People v. Reneaux
Senate Bill 1393 permitted defendant's case to be remanded for limited purpose of giving trial court the opportunity to consider striking prior serious felony enhancement. 		Criminal Law and Procedure 3DCA Jun. 19, 2020
People v. Frahs
Mental health diversion statute applies retroactively because it mitigates possible punishment for a class of persons and there is no contradicting legislative Intent. 		Criminal Law and Procedure CASC Jun. 19, 2020
U.S. v. Shehadeh
District court correctly refused to allow defendant to withdraw his guilty plea because it was knowing and voluntary. 		Criminal Law and Procedure 9th Jun. 19, 2020
Rose v. Guyer
Certificate of appealability is required to challenge orders denying a motion to enforce a conditional writ of habeas corpus. 		Criminal Law and Procedure 9th Jun. 19, 2020
Staten v. Davis
Even though trial counsel was deficient for failing to present testimony that gang members appeared to claim credit for murders, there was compelling evidence of petitioner's guilt. 		Criminal Law and Procedure 9th Jun. 19, 2020
People v. Howard
Penal Code Section 1170.95 permits court to redesignate defendant's felony-murder conviction to underlying felony, and does not direct court to impose the lesser degree. 		Criminal Law and Procedure 1DCA/5 Jun. 18, 2020
In re Rayford
Kill zone theory was improperly instructed because it was reasonable to infer that shooters fired on house to scare occupants, with conscious disregard of risk of serious injury for those around. 		Criminal Law and Procedure 2DCA/7 Jun. 18, 2020
People v. Cole
Trial court erred in placing defendant on two separate but concurrent grants of probation based on separate offenses rather than on one grant of probation based on his aggregate sentence. 		Criminal Law and Procedure 1DCA/3 Jun. 18, 2020
People v. Albert
Although defendant's sibling approached juror, there was no evidence sibling conveyed any communication about case's merits; thus, there was no reasonable probability of prejudice. 		Criminal Law and Procedure 4DCA/2 Jun. 18, 2020
People v. Johnson
Evidence of marijuana in car does not provide certainty the car contains contraband to justify Fourth Amendment search. 		Criminal Law and Procedure 3DCA Jun. 17, 2020
People v. Jones
If the court elects to dismiss a juror, the court's inquiry must be sufficient to support the dismissal. 		Criminal Law and Procedure 1DCA/5 Jun. 17, 2020
U.S. v. Jaycox
California Penal Code Section 261.5(c) which criminalizes consensual intercourse between twenty-one-year-old and someone nearly eighteen did not relate to abusive sexual conduct involving minor for purposes of sentencing enhancement. 		Criminal Law and Procedure 9th Jun. 17, 2020
Andrus v. Texas
Petitioner had shown deficient performance under first prong of 'Strickland,' and there was significant question whether Court of Criminal Appeals properly considered prejudice under second prong. 		Criminal Law and Procedure USSC Jun. 16, 2020
U.S. v. Kelley
First Step Act of 2018 does not permit a plenary resentencing proceeding in which a defendant's career offender status can be reconsidered. 		Criminal Law and Procedure 9th Jun. 16, 2020
People v. Federico
Proposition 57 only applies retroactively to juveniles charged directly in adult court whose judgments were not yet final upon enactment. 		Criminal Law and Procedure 4DCA/2 Jun. 15, 2020
People v. Sandoval
A jury instruction cannot be judged on the basis of one or two phrases plucked out of context. 		Criminal Law and Procedure 5DCA Jun. 15, 2020
People v. Hughes
Penal Code Section 1054(f) requires prosecutors to disclose to the defense the substance of an expert's testimony, prior to testifying. 		Criminal Law and Procedure 4DCA/2 Jun. 12, 2020
U.S. v. Perez
District court improperly instructed jury on extraterritorial application of Violent Crimes in Aid of Racketeering statute because California's attempted murder statute does not reach foreign conduct. 		Criminal Law and Procedure 9th Jun. 12, 2020
Modification: People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. 		Criminal Law and Procedure 5DCA Jun. 12, 2020
Modification: People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances. 		Criminal Law and Procedure 1DCA/3 Jun. 11, 2020
Stanley v. Superior Court (People)
Health quarantines to prevent spread of infectious diseases have long been recognized as good cause for continuing trial dates. 		Criminal Law and Procedure 1DCA/4 Jun. 11, 2020
People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time. 		Criminal Law and Procedure 2DCA/6 Jun. 10, 2020
People v. Whalum
Possessing unauthorized cannabis in prison in violation of Penal Code Section 4573.8 was not affected by Proposition 64's legalization of possession of 28.5 grams of cannabis. 		Criminal Law and Procedure 4DCA/1 Jun. 10, 2020
People v. Bettasso
Vehicular manslaughter requires proof of elements not necessary to offense of murder; thus vehicular manslaughter is not lesser included offense of murder. 		Criminal Law and Procedure 4DCA/2 Jun. 9, 2020
In re Haden
'People v. Gallardo' does not apply retroactively to convictions that were final when 'Gallardo' was decided. 		Criminal Law and Procedure 1DCA/4 Jun. 9, 2020
In re Scott
Sentencing court considering whether to impose increased sentence based on prior qualifying conviction may consider facts defendant admitted as factual basis for guilty plea. 		Criminal Law and Procedure 4DCA/1 Jun. 8, 2020
People v. Ruiz
Immigration advisement that conviction 'may have' deportation consequences is not adequate for defendants charged with serious controlled substance offenses; defendants must be advised they 'will' be deported. 		Criminal Law and Procedure 2DCA/6 Jun. 8, 2020
People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. 		Criminal Law and Procedure 5DCA Jun. 5, 2020
People v. Tarkington
If petitioner is ineligible for resentencing under Senate Bill No. 1437, their requested appointment of counsel is not required. 		Criminal Law and Procedure 2DCA/3 Jun. 4, 2020
Banister v. Davis
Habeas courts must entertain Rule 59(e) motions as attendant to initial habeas application, rather than dismiss them as successive. 		Criminal Law and Procedure USSC Jun. 2, 2020
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