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People v. Marcus
Proposition 36 did not overrule the California Supreme Court's holding in 'People v. Hendrix' that the trial court has the discretion to sentence certain serious and violent felonies concurrently. 		Criminal Law and Procedure 3DCA Feb. 18, 2020
Modification: People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings. 		Criminal Law and Procedure 2DCA/5 Feb. 18, 2020
In re Gay
Because attorney allowed client to incriminate himself to district attorney, conducted minimal investigation, and otherwise deceived client, attorney's representation was deficient and defendant's subsequent verdict warranted reversal. 		Criminal Law and Procedure CASC Feb. 14, 2020
Amended Opinion: Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed. 		Criminal Law and Procedure 9th Feb. 14, 2020
U.S. v. Gagarin
A reasonable jury could have found defendant guilty of aggravated identity theft after she forged electronic signatures on a life insurance policy belonging to her cousin. 		Criminal Law and Procedure 9th Feb. 14, 2020
Modification: People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims. 		Criminal Law and Procedure CASC Feb. 14, 2020
People v. Strike
Court engaged in impermissible judicial factfinding when it relied on defendant's charging document for facts not admitted to by defendant underlying his three strike conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 13, 2020
People v. Petri
Imposing restitution and assessment fines on defendants without consideration of their ability to pay does not violate due process unless defendant was denied court access. 		Criminal Law and Procedure 6DCA Feb. 12, 2020
People v. Cerda
Attempted murder conviction under 'kill zone' theory was supported by substantial evidence where defendants used AK-47 assault rifle and deliberately targeted building's doors and windows. 		Criminal Law and Procedure 2DCA/3 Feb. 11, 2020
People v. Torres
Trial court's jurisdiction pursuant to Penal Code Section 1237.2 does not extend beyond the pendency of defendant's direct appeal. 		Criminal Law and Procedure 2DCA/1 Feb. 10, 2020
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. 7, 2020
Salcido v. Superior Court (People)
Proposition 66's directive that habeas petitions be heard by 'court which imposed the sentence' is clear and unambiguous; thus, original sentencing court may not transfer petitions to another venue. 		Criminal Law and Procedure 1DCA/4 Feb. 6, 2020
People v. Wear
Because record affirmatively shows that some jurors convicted defendant based on insufficiently supported premeditated-murder theory, the court reversed. 		Criminal Law and Procedure 1DCA/1 Feb. 6, 2020
U.S. v. Chavez-Diaz
An unconditional guilty plea waives a defendant's right to appeal a conviction on constitutional grounds; the 'Menna-Blackledge' exception is narrowly construed to only allow appeals that will render re-trial impossible. 		Criminal Law and Procedure 9th Feb. 6, 2020
People v. Flores
Senate Bill 1437 does not provide relief to persons convicted of manslaughter; the plain language limits relief only to qualifying persons convicted of murder. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2020
U.S. v. George
U.S.S.G. Section 2B1.1(b)(2)(C) requires the sentencing court to determine whether the victims suffered a loss that was significant in light of their individual financial circumstances. 		Criminal Law and Procedure 9th Feb. 5, 2020
Amended Opinion: Floyd v. Filson
Petitioner's constitutional rights were not violated by admission of victim's mother's testimony about her son's difficult life and previous experiences with violent crime because testimony did not unduly prejudice petitioner. 		Criminal Law and Procedure 9th Feb. 4, 2020
People v. Frederickson
Penal Code Section 318 provides a narrow exception to a capital defendant's general Sixth Amendment right to plead guilty because it advances a compelling state interest in preventing erroneous executions. 		Criminal Law and Procedure CASC Feb. 4, 2020
Amended Opinion: People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder. 		Criminal Law and Procedure 2DCA/6 Feb. 4, 2020
People v. Cervantes
Felony murder rule under Senate Bill No. 1437 Section 1170.95 is not applicable to the crime of voluntary manslaughter when petitioning for re-sentencing. 		Criminal Law and Procedure 2DCA/6 Feb. 3, 2020
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 Feb. 3, 2020
People v. Winn
SB 136 allows imposition of one-year enhancement for prison prior term only if prior conviction is for a sexually violent offense; thus, defendant's five one-year prison terms were stricken. 		Criminal Law and Procedure 6DCA Feb. 3, 2020
Morales v. Sherman
A petition is not second or successive when there is an amended judgment and the petition is the first one following that amended judgment. 		Criminal Law and Procedure 9th Jan. 31, 2020
People v. Hoyt
Capital defendant's showing that trial counsel was unqualified to try a capital case per the California Rules of Court was not enough to sustain an ineffective assistance of counsel claim. 		Criminal Law and Procedure CASC Jan. 31, 2020
People v. Kerbs
Extension of a civil commitment under Penal Code Section 1026.5(b) must be buttressed by substantial evidence; conjectural testimony regarding an individual's future dangerousness cannot justify a commitment's extension. 		Criminal Law and Procedure 1DCA/2 Jan. 30, 2020
Parsons v. Ryan
A coercive and compensatory contempt order is civil in nature and thus does not provide the same due process protections as a criminal contempt order. 		Criminal Law and Procedure 9th Jan. 30, 2020
People v. Adams
'People v. Duenas's holding was in error; indigent defendants do not have a due process right entitling them to an ability-to-pay hearing prior to the court imposing fines and fees. 		Criminal Law and Procedure 6DCA Jan. 30, 2020
People v. Vasquez
Substantial evidence supported trial court's implied finding that defendant acted with separate objective and intent when he stabbed victim than he did when he bit her; thus, multiple punishments were appropriate. 		Criminal Law and Procedure 2DCA/5 Jan. 29, 2020
People v. Cota
Penal Code Section 954 prohibits dual convictions for assault under Section 245(a)(1) and (a)(4) because they are different statements of the same offense. 		Criminal Law and Procedure 4DCA/3 Jan. 29, 2020
Modification: People v. Roles
A record affirmatively showing defendant acknowledged his right to a jury with extensive conversations with defense counsel is a knowing and intelligent waiver. 		Criminal Law and Procedure 3DCA Jan. 29, 2020
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