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Garcia v. Superior Court (People)
Petitioner's preliminary hearing was not held within 10-day period under Penal Code Section 859b, mandating dismissal of amended complaint against him. 		Criminal Law and Procedure 2DCA/7 Apr. 9, 2020
People v. Williams
Risk of recidivism provides a rational basis for differential treatment of violent felony sex offenders sentenced under the one-strike law. 		Criminal Law and Procedure 4DCA/1 Apr. 8, 2020
U.S. v. Dominguez
Defendant demonstrated substantial step toward committing robbery by arming himself, driving toward targeted warehouse, and turning around only when he knew that there was large police presence. 		Criminal Law and Procedure 9th Apr. 8, 2020
Kansas v. Glover
Investigative traffic stop made after running vehicle's license plate and learning that registered owner's driver's license has been revoked was reasonable. 		Criminal Law and Procedure USSC Apr. 7, 2020
People v. Fayed
Defendant's statements incriminating him in murder while in federal custody for unrelated money charge were admissible because he was not yet charged with murder. 		Criminal Law and Procedure CASC Apr. 3, 2020
People v. Sepulveda
Trial court, in its discretion, may determine whether testimony or other forms of evidence will suffice for 'People v. Franklin' hearing. 		Criminal Law and Procedure 2DCA/7 Apr. 3, 2020
People v. Bell
Trial court properly struck defendants' jeopardy pleas because deduction of wrongful prosecutorial intent could not logically and reasonably be drawn from evidence. 		Criminal Law and Procedure 5DCA Apr. 2, 2020
Modification: People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought. 		Criminal Law and Procedure 4DCA/1 Apr. 1, 2020
People v. Mariscal
Jury erroneously instructed on kill zone theory but error was harmless beyond reasonable doubt because undisputed evidence showed defendant intentionally killed. 		Criminal Law and Procedure 2DCA/5 Apr. 1, 2020
People v. Cowan
Sentencing court must allow defendants facing imposition of minimum restitution fine or assessments to present evidence and argument why these financial exactions exceed his ability to pay. 		Criminal Law and Procedure California Courts of Appeal Mar. 31, 2020
Colbert v. Haynes
Removal of victim-restitution condition from sentencing judgment did not create new, intervening judgment; thus, habeas petition was a second or successive petition. 		Criminal Law and Procedure 9th Mar. 31, 2020
People v. Torres
Trial court erred in ruling defendant was ineligible for relief under SB 1437 on basis of jury's robbery murder special circumstances true findings. 		Criminal Law and Procedure 2DCA/5 Mar. 30, 2020
People v. Wilkes
Differential treatment of youth offenders sentenced pursuant to Three Strikes Law for purposes of youth offender parole hearings does not violate equal protection. 		Criminal Law and Procedure 1DCA/5 Mar. 30, 2020
Berryman v. Wong
Reasonable jurists could conclude that admission of further mitigating evidence would not have led to reasonable probability of different sentence. 		Criminal Law and Procedure 9th Mar. 30, 2020
People v. Orozco
Proposition 47's amendment to general statute that criminalizes receipt of stolen property does not extend to convictions for receiving stolen vehicle. 		Criminal Law and Procedure CASC Mar. 27, 2020
People v. Wang
Heat of passion jury instruction that was erroneously omitted from murder trial was harmless error due to jury's premeditation finding. 		Criminal Law and Procedure 2DCA/2 Mar. 26, 2020
Modification: People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required. 		Criminal Law and Procedure 4DCA/1 Mar. 25, 2020
Davis v. U.S.
Courts may conduct a plain error review of unpreserved arguments, including unpreserved factual arguments. 		Criminal Law and Procedure USSC Mar. 24, 2020
People v. Bullard
Penal Code Section 10851 violations do not bar Proposition 47 relief merely because one cannot prove intent to indefinitely deprive the owner. 		Criminal Law and Procedure CASC Mar. 24, 2020
U.S. v. Walker
Corporal Injury to Spouse or Cohabitant convictions qualify as violent felonies under Armed Career Criminal Act. 		Criminal Law and Procedure 9th Mar. 23, 2020
U.S. v. Miller
Jury charge instructing wire fraud as 'deceive or cheat' instead of 'deceive and cheat' was erroneous but harmless. 		Criminal Law and Procedure 9th Mar. 23, 2020
Smith v. Davis
Petitioner failed to exercise reasonable diligence in pursuing his rights; thus, equitable tolling of statute of limitations did not apply. 		Criminal Law and Procedure 9th Mar. 23, 2020
People v. Cruz
Making a criminal threat was not a lesser included offense of stalking because it required different statutory elements. 		Criminal Law and Procedure 4DCA/3 Mar. 20, 2020
People v. Garcia
Penal Code Section 12022.53 does not grant trial courts discretion to substitute lesser included enhancements where greater enhancement is valid. 		Criminal Law and Procedure 2DCA/2 Mar. 20, 2020
People v. Smith
While unoccupied running car warranted investigation, it did not reasonably suggest crime or emergency was in progress to justify officers' warrantless search. 		Criminal Law and Procedure 4DCA/1 Mar. 16, 2020
People v. Quinonez
Jury very easily could find that prison deputy's nose which defendant fractured and broke constituted great bodily injury resulting in a seriously impaired physical condition. 		Criminal Law and Procedure 5DCA Mar. 16, 2020
Infante v. Martel
Judge had valid reason to excuse juror from trial because he voluntarily expressed concerns about his ability to make an impartial decision. 		Criminal Law and Procedure 9th Mar. 16, 2020
People v. Lopez
Although defendant presented meritorious argument with regard to his conspiracy conviction under Penal Code Section 182.5, the count was modified to conform to jury's findings. 		Criminal Law and Procedure 5DCA Mar. 16, 2020
People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought. 		Criminal Law and Procedure 4DCA/1 Mar. 16, 2020
Modification: People v. Superior Court (Quarles)
A Sexually Violent Predator can only be conditionally released if a court of law determines they pose no danger to others in the community. 		Criminal Law and Procedure 4DCA/1 Mar. 13, 2020
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