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People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2. 		Criminal Law and Procedure 2DCA/8 Mar. 12, 2020
People v. Lopez
Defendant's motion to suppress blood test results properly denied because defendant voluntarily consented to test after receiving admonitions and did not object or resist. 		Criminal Law and Procedure 3DCA Mar. 12, 2020
People v. Garcia
Defendant's felony murder special circumstance finding was reversed because prosecutor had to prove beyond reasonable doubt that defendant 'personally killed' victim. 		Criminal Law and Procedure 6DCA Mar. 11, 2020
People v. Cervantes
Penal Code Section 1170.95's new felony murder definition is not automatic, rather the petitioning process is the exclusive means to seek relief under Senate Bill 1437. 		Criminal Law and Procedure 4DCA/2 Mar. 10, 2020
People v. Kareem A.
Sanctions under Code of Civil Procedure Section 177.5 may apply to persons other than witnesses, parties, and parties' counsel that are involved in the proceedings. 		Criminal Law and Procedure 2DCA/1 Mar. 9, 2020
U.S. v. Jones
Petitioner's prior conviction for Colorado second-degree burglary of dwelling was conviction for violent felony, and therefore he was properly subject to Armed Career Criminal Act enhancement. 		Criminal Law and Procedure 9th Mar. 5, 2020
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. 4, 2020
In re McDowell
In felony murder cases, courts must examine defendant's personal role in crimes leading to victim's death and weigh defendant's individual responsibility. 		Criminal Law and Procedure 1DCA/5 Mar. 3, 2020
Munoz v. Superior Court (People)
Statements that, although extrajudicial, are themselves a part of the conduct of the crime, are not subject to the corpus delicti rule. 		Criminal Law and Procedure 1DCA/5 Mar. 3, 2020
People v. Delrio
Search of parolee's cellphone does not violate Fourth Amendment because legitimate interest exists in determining whether defendant violated his parole and there are reasonable suspicions that defendant was involved in residential burglary. 		Criminal Law and Procedure 1DCA/3 Mar. 3, 2020
People v. Jimenez
Conviction for misuse of personal identifying information under Penal Code Section 530.5(a) is not subject to reclassification as misdemeanor shoplifting under Proposition 47. 		Criminal Law and Procedure CASC Mar. 3, 2020
Modification: In re Howerton
Under Penal Code Section 3051, defendant was not eligible for release on parole at youth offender parole hearing because he was previously entitled to parole consideration hearing pursuant to another statutory provision. 		Criminal Law and Procedure 5DCA Mar. 2, 2020
U.S. v. Arpaio
Pursuant to 'Munsingwear,' vacatur in cases mooted while on appeal is not permitted if the defendant suffered no legal consequences from the verdict. 		Criminal Law and Procedure 9th Feb. 28, 2020
People v. McKenzie
An ameliorative statute applies to defendants at any point before sentencing regardless of the underlying convictions and enhancement findings when the supervening legislation is passed. 		Criminal Law and Procedure CASC Feb. 28, 2020
McKinney v. Arizona
A state appellate court may uphold the death sentence after a 'reweighing of the aggravating and mitigating evidence.' 		Criminal Law and Procedure USSC Feb. 27, 2020
Shular v. United States
'Serious drug offense' under Armed Career Criminal Act only requires that the offense involve the conduct specified in the federal statute, it does not require it to match the generic offense. 		Criminal Law and Procedure USSC Feb. 27, 2020
Holguin-Hernandez v. United States
Objecting to sentence on the ground that it is 'greater than necessary' informs court of legal error and nothing more is needed to preserve the claim for appellate review. 		Criminal Law and Procedure USSC Feb. 27, 2020
People v. Gastelum
Defendant's one-year prison enhancement stricken because Senate Bill No.136 amended Penal Code Section 667.5 so that the one-year enhancement only applies to sexually violent offenses. 		Criminal Law and Procedure 4DCA/1 Feb. 27, 2020
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 Feb. 26, 2020
People v. Mora-Duran
When preliminary hearing is waived, prosecution may not amend information to add new charges, even if defendant would not be prejudiced. 		Criminal Law and Procedure 3DCA Feb. 25, 2020
People v. Lipsett
Penal Code Section 1001.36 was not intended to apply retroactively to cases that have been adjudicated but are not final on appeal. 		Criminal Law and Procedure 6DCA Feb. 25, 2020
Allen v. Ives
Petitioner made a claim of actual innocence based on a retroactive change of law that now grants district court legal jurisdiction over his 28 U.S.C. Section 2241 petition. 		Criminal Law and Procedure 9th Feb. 25, 2020
People v. Medellin
Defendant's convictions reversed because prosecutor prejudicially misstated law during closing argument which was not harmless beyond reasonable doubt. 		Criminal Law and Procedure 5DCA Feb. 24, 2020
People v. Turner
Defendants convicted of manslaughter by guilty plea in lieu of trial are not eligible for recall and resentencing pursuant to California Penal Code Section 1170.95. 		Criminal Law and Procedure 4DCA/1 Feb. 21, 2020
People v. Abrahamian
Appellant's undated and unverified notary acknowledgments could not qualify as 'completed items' within the meaning of Penal Code Section 475(a). 		Criminal Law and Procedure 2DCA/6 Feb. 20, 2020
People v. Alexander
Senate Bill 1393 does not retroactively apply to final convictions that were not directly appealed or petitioned for resentencing after a postjudgment conviction. 		Criminal Law and Procedure 2DCA/6 Feb. 20, 2020
People v. Bermudez
Because predicate offenses are background facts and not 'case-specific' out-of-court statements requiring applicable hearsay exception, expert's testimony concerning defendant's predicate offenses was not violative of 'People v. Sanchez.' 		Criminal Law and Procedure 3DCA Feb. 20, 2020
People v. Johnson
Trial courts may determine whether defendant was erroneously placed on parole supervision rather than postrelease community supervision and modify supervision from parole to PRCS if appropriate. 		Criminal Law and Procedure 4DCA/1 Feb. 20, 2020
Modification: People v. Mendoza
Border Patrol agents must have objectively reasonable suspicion to stop vehicles; stopping vehicles in known drug area based on agents 'good faith' hunch is insufficient. 		Criminal Law and Procedure 4DCA/2 Feb. 20, 2020
Alliance for Constitutional v. Dept. of Corrections
Department of Corrections and Rehabilitation's categorical exclusion of all sex offenders from Proposition 57 parole consideration is inconsistent with the initiative's plain meaning; all non-violent offenders are eligible. 		Criminal Law and Procedure 3DCA Feb. 18, 2020
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