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People v. Medrano
Appellant failed by choice or inadvertence to exercise his right to make a record of mitigating youth-related evidence, and remand to allow him to make such a showing was not warranted. 		Criminal Law and Procedure 4DCA/2 Oct. 8, 2019
Amended Opinion: U.S. v. Green
Sentencing court erred by concluding that it could not first hear defendant's allocution before determining whether reduction for acceptance of responsibility was warranted under Sentencing Guidelines. 		Criminal Law and Procedure 9th Oct. 8, 2019
People v. Vital
CALCRIM No. 1128 was improper and prejudicial because it did not reflect the minimum age requirement for Penal Code Section 288.7(b) conviction as applying only to the direct perpetrator. 		Criminal Law and Procedure 2DCA/3 Oct. 7, 2019
Modification: People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present. 		Criminal Law and Procedure 4DCA/1 Oct. 4, 2019
People v. Lee
Under Proposition 64, a legal amount of cannabis found in possession of a driver during a traffic stop, may not establish probable cause to perform a warrant-less search. 		Criminal Law and Procedure 4DCA/1 Oct. 4, 2019
People v. Gastelum
'People v. Chiu' holding does not extend to first degree lying-in-wait murder due to this type of murder being morally and legally distinguishable from first degree premeditated murder. 		Criminal Law and Procedure 4DCA/1 Oct. 3, 2019
People v. Tejeda
Defendant's conduct at trial was inconsistent with assumptions underlying previous competency finding to such an extent that the trial court was under a duty to declare doubt as to defendant's competence. 		Criminal Law and Procedure 4DCA/1 Oct. 3, 2019
People v. Carranza
Limited remand was necessary to allow appellant the opportunity to make a record of information relevant to his eventual youth offender parole hearing. 		Criminal Law and Procedure 1DCA/5 Oct. 2, 2019
Modification: People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Oct. 2, 2019
In re Bolton
Petitioner's combined prison sentence for crimes he committed as a juvenile, exceeded his natural lifespan; thus, his sentence violated cruel and unusual punishment prohibition of Eighth Amendment. 		Criminal Law and Procedure 3DCA Oct. 1, 2019
P. v. Scarbrough
Under California Penal Code Section 1202.4 law enforcement agencies may not claim restitution costs as a victim if the cost incurred is not directly related to the criminal conviction. 		Criminal Law and Procedure 6DCA Sep. 30, 2019
P. v. Bryant
Prosecutor provided legitimate, nondiscriminatory reasons to exercise peremptory strikes to remove four African-American jurors. 		Criminal Law and Procedure 1DCA/1 Sep. 30, 2019
Ortega v. Superior Court (Contra Costa County)
Probable cause is present under California Penal Code 995 when the facts are such that an ordinary person would have a strong suspicion of guilt of the accused. 		Criminal Law and Procedure 1DCA/5 Sep. 26, 2019
Modification: People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Rodriguez
'Miranda' warnings are not required when suspects give voluntary statements to a person they do not know is a police officer and therefore Fifth Amendment rights are not violated. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Keo
Local agency's dependency investigator, to whom defendant stated he committed murder and threatened the victim, was not a peace officer or law enforcement agent, so 'Miranda' did not apply. 		Criminal Law and Procedure 2DCA/7 Sep. 25, 2019
Modification: People v. Buchanan
Trial courts have discretion to impose concurrent sentences for multiple serious or violent felonies against a single victim if they were committed on the 'same occasion.' 		Criminal Law and Procedure 1DCA/5 Sep. 25, 2019
People v. Hicks
'People v. Duenas' was not good law because the due process strands it addressed did not dictate its rule, and thus it incorrectly interpreted those due process strands. 		Criminal Law and Procedure 2DCA/2 Sep. 25, 2019
People v. Ramirez
Criminal defendants have a right to have a proposed jury instruction provided that pinpoints their defense theory, but the court may refuse incorrect, argumentative, duplicative, or confusing instructions. 		Criminal Law and Procedure 2DCA/8 Sep. 25, 2019
People v. Bay
Missing element of felonious intent in jury instruction for crime of possessing burglary tools was not harmless error; thus, conviction was reversed. 		Criminal Law and Procedure 1DCA/1 Sep. 24, 2019
U.S. v. Becerra
District court committed plain structural error by only providing written jury instructions and failing to orally instruct jurors as to substantive law, so remand for a new trial was necessary. 		Criminal Law and Procedure 9th Sep. 24, 2019
People v. Newman
A distance as short as 190 feet satisfies the asportation element of the crime of kidnapping. 		Criminal Law and Procedure 2DCA/8 Sep. 23, 2019
People v. Jenkins
Penal Code Section 1001.36 applies retroactively under 'People v. Lara' and on remand, defendant may attempt to make a prima facie showing of eligibility for pretrial diversion. 		Criminal Law and Procedure 4DCA/1 Sep. 20, 2019
People v. Mejia
True finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated. 		Criminal Law and Procedure 4DCA/3 Sep. 20, 2019
U.S. v. Shelby
Oregon first-degree robbery is not a violent felony under the Armed Career Criminal Act force clause because it "doesn't require physically violent force." Therefore, the sentencing enhancement may not apply. 		Criminal Law and Procedure 9th Sep. 20, 2019
People v. Nzolameso
'Birchfield v. North Dakota' did not prohibit finding implied consent because defendant could choose from three tests, and was not forced to choose between a blood test or criminal penalties. 		Criminal Law and Procedure 2DCA/8 Sep. 19, 2019
Klugman v. Superior Court
Information a year old is not considered stale where child pornography is concerned and therefore may be used to establish probable cause for a search warrant. 		Criminal Law and Procedure 6DCA Sep. 18, 2019
People v. Financial Casualty & Surety, Inc.
Appellant failed to establish the trial court failed any requirement to forfeit bond at hearing for which the clerk failed to indicate whether or not defendant was present. 		Criminal Law and Procedure 4DCA/1 Sep. 18, 2019
U.S. v. Garay
An officer may search a cellphone seized as inventory in preparation for a vehicle about to be towed, if the inventory search is not an excuse to rummage for evidence. 		Criminal Law and Procedure 9th Sep. 18, 2019
In re Cobbs
Petitioner's first degree murder conviction under either a felony murder or natural and probable consequences theory must be vacated and the matter remanded for resentencing in light of Senate Bill 1437. 		Criminal Law and Procedure 3DCA Sep. 18, 2019
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