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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 Dec. 24, 2019
People v. Keene
Defense counsel has an affirmative duty to object to restitution fees and to move for an ability to pay hearing; failure to do so forfeits the issue on appeal. 		Criminal Law and Procedure 4DCA/1 Dec. 24, 2019
County of Yolo v. American Surety Co.
The court may eschew immediate bail forfeiture in favor of a reasonable continuance if it finds the defendant has a sufficient excuse for their non-appearance. 		Criminal Law and Procedure 3DCA Dec. 19, 2019
People v. Zaldana
'One Strike Law' mandates defendant's previous unauthorized sentence be increased to five 25-years-to-life terms because of multiple underage victims. 		Criminal Law and Procedure 2DCA/8 Dec. 19, 2019
People v. Ramirez
A prosecutor's closing argument characterization of the defense theory as unreasonable is permissible; it does not suggest the jury need not find the defendant guilty beyond a reasonable doubt. 		Criminal Law and Procedure 5DCA Dec. 19, 2019
People v. Wetle
Incorrect jury instructions given at trial where reasonably jury would not have likely convicted the defendant had all elements of the crime been given correctly. 		Criminal Law and Procedure 6DCA Dec. 18, 2019
People v. Warner
The relevant circumstances demonstrating intent to kill under 'kill zone' theory lead to conclusion that defendant intended to kill everyone in zone of harm to ensure target's death. 		Criminal Law and Procedure 3DCA Dec. 18, 2019
In re Anthony L.
Welfare and Institutions Code Section 625.6 is not subject to the exclusionary rule; a minor's statements are admissible despite the police not providing minor with counsel prior to questioning, as required by statute. 		Criminal Law and Procedure 1DCA/4 Dec. 18, 2019
Modification: People v. Wilson
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement. 		Criminal Law and Procedure 2DCA/3 Dec. 18, 2019
People v. Rubio
Gunshots fired outside a dwelling do not justify a warrantless search inside the dwelling; the police must articulate specific facts that establish an emergency situation is occurring inside the dwelling. 		Criminal Law and Procedure 1DCA/4 Dec. 17, 2019
People v. Taylor
Counts of forcible lewd acts could not be charged in addition to counts of aggravated sexual assault because former were part of 'indivisible course of conduct.' 		Criminal Law and Procedure 4DCA/2 Dec. 17, 2019
People v. Trout-Lacy
Victim restitution orders are governed by tort law principles; when mutliple causes are not independent but act in concert, the court will apply the but-for test to decide liability. 		Criminal Law and Procedure 6DCA Dec. 17, 2019
Andrews v. Davis
Had jury heard that petitioner was subjected to brutal abuse by state custodians at segregated 'penal colony' for African American children, there is reasonable probability that one juror would have spared his life. 		Criminal Law and Procedure 9th Dec. 17, 2019
U.S. v. Wang
Mail fraud convictions that include immigration or visa fraud within the larger indictment should be sentenced pursuant to United States Sentencing Guideline Section 2L2.1, not Section 2B1.1. 		Criminal Law and Procedure 9th Dec. 17, 2019
People v. Arredondo
Defendant's right of confrontation was violated when trial court positioned computer monitor so that witness could not see defendant and he could not see her when she testified. 		Criminal Law and Procedure CASC Dec. 17, 2019
People v. Clark
Because crime of human trafficking of minor is defined in two separate ways -- attempted act or completed act -- existence of actual minor is not required where defendant is charged with attempt. 		Criminal Law and Procedure 4DCA/3 Dec. 13, 2019
People v. Vivar
Defense counsel's failure to advise a client of a plea bargain's immigration consequences is non-prejudicial if evidence suggests the defendant agreed to the plea for an independent and unrelated reason. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2019
Blight v. City of Manteca
Probable cause exists to search another person's home located on a larger property if there is reason to believe the defendant controls the entire parcel or criminality pervades the parcel. 		Criminal Law and Procedure 9th Dec. 12, 2019
Modification: People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851. 		Criminal Law and Procedure 4DCA/2 Dec. 12, 2019
People v. Howell
Senate Bill 1187 does not apply retroactively; defendants already committed to restore their competency to stand trial remain subject to a three-year maximum commitment, not the new two-year maximum commitment. 		Criminal Law and Procedure 5DCA Dec. 11, 2019
U.S. v. Kimbrew
Sufficient evidence supported defendant's conviction for bribery of a public official and defendant's argument that no 'official act' existed failed. 		Criminal Law and Procedure 9th Dec. 10, 2019
People v. Ollo
Penal Code Section 12022.7 only requires a defendant be an actual cause of inflicting great bodily injury; one who supplies drugs to another can be liable for a subsequent overdose. 		Criminal Law and Procedure 2DCA/2 Dec. 9, 2019
People v. Gonzalez
Trial court erred in admitting uncertified and unauthenticated records that prosecutor represented were printed from court's online records system as proof that appellant suffered a prior conviction. 		Criminal Law and Procedure 1DCA/5 Dec. 9, 2019
People v. Bernal
Although trial court committed no error, appellate court remanded for trial court to exercise newly conferred discretion under Senate Bill 1393 to strike Penal Code Section 667(a) prior conviction enhancements. 		Criminal Law and Procedure 6DCA Dec. 9, 2019
People v. Guzman
Penal Code Section 632(d)'s exclusionary remedy was superseded by Proposition 8 and since reenactments of Section 632(d) were merely technical, they were insufficient to revive the exclusionary remedy. 		Criminal Law and Procedure CASC Dec. 6, 2019
In re Milton
'People v. Gallardo's extension of 'Apperendi v. New Jersey' to prior strike determinations under California's three strikes law does not apply retroactively to convictions finalized on direct appeal. 		Criminal Law and Procedure 2DCA/7 Dec. 5, 2019
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. 5, 2019
People v. Leelu
Appointment of a second mental health expert would not have affected the trial court's finding that defendant was not competent to stand trial. 		Criminal Law and Procedure 6DCA Dec. 5, 2019
People v. Larios
The relief provided in Penal Code Section 1170.95 is limited to certain murder convictions and excludes all other convictions, including a conviction for attempted murder. 		Criminal Law and Procedure 5DCA Dec. 5, 2019
Short v. Superior Court (Santa Clara)
Applying bar on successive prosecutions under Penal Code Section 654(a) would not promote judicial efficiency nor was it necessary to protect defendant from harassment. 		Criminal Law and Procedure 6DCA Dec. 4, 2019
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