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Zemek v. Superior Court
A court's denial of a Section 995 motion will be upheld if evidence shows either express malice or implied malice. 		Criminal Law and Procedure 4DCA/2 Jan. 24, 2020
People v. Leon
Although officers did not alert defendant to his right to have the Mexican consulate notified of his detention, defendant's statements were properly admitted because no prejudice flowed from the omission. 		Criminal Law and Procedure CASC Jan. 24, 2020
People v. Partee
A witness's passive failure to testify in murder trial is not an overt act that would justify an 'accessory after the fact' to murder conviction. 		Criminal Law and Procedure CASC Jan. 24, 2020
People v. Yanez
Admitting expert gang testimony directly relevant to motive is not an abuse of discretion unless its probative value is outweighed by the risk of prejudice. 		Criminal Law and Procedure 4DCA/2 Jan. 23, 2020
People v. Robins
Even if every attempted *Estes* robbery is necessarily a completed crime, the crime of attempt still exists and may be punished under Penal Code Section 663. 		Criminal Law and Procedure 4DCA/3 Jan. 23, 2020
In re Duval
Petitioner's relief granted in habeas corpus petition because state failed to respond to mandated show cause order, insisting 'a return was moot.' 		Criminal Law and Procedure 4DCA/3 Jan. 23, 2020
People v. Romero
A defendant is not relieved from liability for inflicting mayhem merely because the injury can be improved by medical intervention. 		Criminal Law and Procedure 2DCA/2 Jan. 22, 2020
Cook v. Kernan
Anti-Terrorism and Effective Death Penalty Act's procedural deference to state court fact-finding barred federal habeas petitioner's newly developed claim that his confession was coerced because interrogating officer pointed gun at petitioner's head. 		Criminal Law and Procedure 9th Jan. 22, 2020
U.S. v. Soto-Barraza
'Dual criminality' requirement of Mexican extradition treaty does not require crimes to be identical if the criminalized acts are essentially the same and the countries' laws are substantially analogous. 		Criminal Law and Procedure 9th Jan. 21, 2020
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 Jan. 21, 2020
Modification: People v. Windfield
Defendants' right to confrontation not violated when missing witness's previously recorded testimony is played at murder trial because state exercised due diligence. 		Criminal Law and Procedure 4DCA/2 Jan. 17, 2020
Bearchild v. Cobban
Prison guards' 'need to use force' during patdown search should not be considered because inmates subjected to sexual assault during search alone violates 8th Amendment. 		Criminal Law and Procedure 9th Jan. 17, 2020
People v. Humphrey
A trial court can correct an abstract of judgment for clerical errors post-conviction; such a correction does not 'recall' the original sentence and the underlying conviction remains final. 		Criminal Law and Procedure 4DCA/1 Jan. 17, 2020
People v. Verdugo
Penal Code Section 1170.95(c) permits the superior court to screen relief petitions prior to appointing counsel to ensure petitioner has made a prima facie showing that resentencing is warranted. 		Criminal Law and Procedure 2DCA/7 Jan. 16, 2020
People v. Harper
'Williamson rule' did not bar defendants convictions because general statute contemplated more culpable conduct than special statute. 		Criminal Law and Procedure 1DCA/2 Jan. 13, 2020
Modification: People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues. 		Criminal Law and Procedure 1DCA/3 Jan. 10, 2020
People v. Cornelius
To file a petition for resentencing, a defendant must meet all three conditions under Penal Code Section 1170.95(a). 		Criminal Law and Procedure 2DCA/6 Jan. 9, 2020
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. 9, 2020
People v. Taylor
Victim being forced to move a few paces into an alleyway does not constitute 'asportation' for kidnapping to commit robbery purposes. 		Criminal Law and Procedure 2DCA/8 Jan. 8, 2020
People v. Lewis
A trial court may look into the prior appellate record to determine if a petitioner is eligible for re-sentencing of natural and probable consequences murder convictions abolished by SB 1437. 		Criminal Law and Procedure 2DCA/1 Jan. 8, 2020
Bom v. Superior Court (Los Angeles)
Social worker nonfeasance in the face of a child's murder by his abusive parents does not support a charge of felony child abuse against a social worker under Penal Code 273a. 		Criminal Law and Procedure 2DCA/1 Jan. 8, 2020
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 Jan. 7, 2020
People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues. 		Criminal Law and Procedure 1DCA/3 Jan. 3, 2020
People v. Lowery
Defendants' failure to object to court imposed fines, fees, and assessments forfeits their appellate claim that the court improperly failed to hold an ability-to-pay hearing. 		Criminal Law and Procedure 5DCA Jan. 3, 2020
Amended Opinion: Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. 		Criminal Law and Procedure 9th Jan. 2, 2020
People v. Ellis
Defendants sentenced pursuant to a plea agreement need not obtain a certificate of probable cause to seek relief under Senate Bill 1393's Three Strike Law amendments. 		Criminal Law and Procedure 5DCA Dec. 30, 2019
Carter v. Davis
Counsel made legitimate tactical decision to focus on positive aspects of defendant's career and family life as an adult, rather than giving greater emphasis to his traumatic childhood. 		Criminal Law and Procedure 9th Dec. 27, 2019
Modification: People v. Medrano
Defendants were prejudiced by trial court's instruction on the now-invalid natural and probable consequences theory as it related to attempted murder, so defendants' convictions for attempted murder must be reversed. 		Criminal Law and Procedure 5DCA Dec. 26, 2019
People v. Brantley
Penal Code Section 1170.1(c) was inapplicable to defendant's new sentence for additional felony committed while in prison because sentence imposed after defendant was already released. 		Criminal Law and Procedure 3DCA Dec. 26, 2019
U.S. v. Harrington
United States Sentencing Guideline Section 2A2.2(a)'s base level offenses are not exclusive of Section 2A2.2(b)'s specific offense characteristics; a defendant may be sentenced cumulatively under both sections. 		Criminal Law and Procedure 9th Dec. 26, 2019
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