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People v. Aviles
'People v. Duenas' was wrongly decided; thus, constitutional challenge to imposition of fines, fees, and assessments should be based on Excessive Fines Clause of Eighth Amendment instead of due process. 		Criminal Law and Procedure 5DCA Sep. 17, 2019
U.S. v. Schopp
State statutes of convictions concerning sexual assault and sexual abuse not categorical match to federal definition of sexual exploitation of children; thus, district court erred by applying multiple-conviction enhancement. 		Criminal Law and Procedure 9th Sep. 17, 2019
Modification: People v. Caro
Because jury would not have reached a different result had the court excluded challenged statements under 'Miranda v. Arizona,' admission was harmless; thus, death sentence affirmed. 		Criminal Law and Procedure CASC Sep. 16, 2019
People v. Caceres
Defendant's threats against his child's mother constituted domestic violence under Family Code Section 6211, a statutory section expressly cross-referenced in Penal Code Section 136.2(i)(1); thus, trial court properly issued protective order. 		Criminal Law and Procedure 2DCA/1 Sep. 16, 2019
In re A.W.
To enhance the crime of vandalism to a felony under California Penal Code Section 594, average costs may not be used to prove the defendant inflicted $400 or more in damages. 		Criminal Law and Procedure 4DCA/3 Sep. 16, 2019
People v. Thomas
Substantial evidence supported the trial court's conclusion petitioner intended to cause great bodily injury and not true finding on great bodily injury allegation did not preclude trial court's conclusion in resentencing eligibility context. 		Criminal Law and Procedure 2DCA/2 Sep. 16, 2019
People v. Hughes
Penal Code Section 1001.36 applies retroactively to cases in which judgment is not yet final for criminal defendants. 		Criminal Law and Procedure 1DCA/5 Sep. 13, 2019
U.S. v. Hong
Defendant did not attempt to pass himself off as his patients in fraudulent billing scheme; thus, defendant did not 'use' patient's identities within meaning of aggravated identity theft statute. 		Criminal Law and Procedure 9th Sep. 13, 2019
Ramirez v. Ryan
Petitioner's underlying claim of ineffective assistance of trial counsel was substantial, thus constituting 'prejudice' under 'Martinez Ramirez v. Ryan' and excusing procedural bar. 		Criminal Law and Procedure 9th Sep. 12, 2019
U.S. v. Campbell
Chapter 7 of the U.S. Sentencing Guidelines' lack of an express provision for consecutive sentencing upon revocation of multiple concurrent supervised release terms did not militate against availability of such a sentence. 		Criminal Law and Procedure 9th Sep. 12, 2019
People v. Torres
Penal Code Section 1001.36 may not be applied on appeal, after a criminal defendant's conviction and sentence, to determine if the mental health diversion applies. 		Criminal Law and Procedure 2DCA/6 Sep. 11, 2019
People v. Evans
Under California Penal Code Section 1202.4(f), a court does not need to consider a criminal defendant's ability to pay when imposing a restitution award. 		Criminal Law and Procedure 1DCA/4 Sep. 10, 2019
People v. Allison
California Rules of Court, Rule 8.304's certificate of probable cause requirement did not apply and habeas petition was not void because defendant filed the petition in superior court. 		Criminal Law and Procedure 1DCA/2 Sep. 9, 2019
People v. Munoz
Senate Bill No. 1437 does not apply retroactively to non-final judgments on appeal and does not apply to the offense of attempted murder. 		Criminal Law and Procedure 2DCA/3 Sep. 9, 2019
Amended Opinion: U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime. 		Criminal Law and Procedure 9th Sep. 6, 2019
U.S. v. Waggy
A conviction under the Washington Revised Code Section 9.61.230(1)(a),(b) does not violate the First Amendment because it prohibits harassing conduct and does not implicate protected speech. 		Criminal Law and Procedure 9th Sep. 6, 2019
Clark v. Chappell
Petitioner's claim that his rights to due process and impartial jury were violated when juror communicated with minister about case during trial was remanded in light of 'Godoy v. Spearman.' 		Criminal Law and Procedure 9th Sep. 6, 2019
Modification: People v. Superior Court (T.D.)
Senate Bill No. 1391 promotes Proposition 57's goal of juvenile rehabilitation, by ensuring virtually all 14- and 15-year-olds who commit crimes will be processed through the juvenile justice system. 		Criminal Law and Procedure 5DCA Sep. 5, 2019
People v. Kumar
If a court fails to define 'criminal negligence' in its jury instructions, there is no error if the instructions and the arguments correctly inform the jury of the criminal elements. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2019
Ward v. United States
A prior conviction falls under the Armed Career Criminal Act's force clause as a predicate offense if the conviction involved the amount of force necessary to overcome a victim's resistance. 		Criminal Law and Procedure 9th Sep. 4, 2019
People v. Force
Prosecutors are not allowed to engage in conduct that undermines the willingness of a defense witness to take the stand by making comments about the prospect of perjury before trial. 		Criminal Law and Procedure 4DCA/3 Sep. 3, 2019
People v. Hall
Defendant made no claim of error to trial court, either at time of sentencing or after, as required by Penal Code Section 1237.2; thus claim was dismissed. 		Criminal Law and Procedure 2DCA/8 Sep. 3, 2019
U.S. v. Chi
Elements of 'bribery of a public official' were included in South Korean Criminal Code Article 129, so it fell within 18 U.S.C. Section 1956(c)(7)(B)(iv) and qualified as an offense against a foreign nation. 		Criminal Law and Procedure 9th Sep. 3, 2019
In re Vaquera
Under Section 667.61, a pleading itself is a valid form of notice if it alleged facts sufficient to give the defendant fair notice of the alleged crime and sentence enhancement. 		Criminal Law and Procedure 4DCA/3 Aug. 30, 2019
In re R.C.
'Concealed' in context of Penal Code Section 647(j)(3)(A) can take on various plain meanings, and defendant's argument attempting to apply only one meaning was unpersuasive. 		Criminal Law and Procedure 2DCA/4 Aug. 30, 2019
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 Aug. 30, 2019
Modification: In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition. 		Criminal Law and Procedure CASC Aug. 30, 2019
People v. Cadena
Defendant's life sentence violated constitutional prohibition against cruel or unusual punishment when defendant briefly touched minor victims over their clothes, was remorseful and had no prior criminal history. 		Criminal Law and Procedure 2DCA/1 Aug. 29, 2019
U.S. v. Hanson
District court violated Ex Post Facto Clause by applying 18 U.S.C. Section 3583(k), enacted after defendant was initially convicted, rather than Section 3583(e)(3), the applicable statute at time of conviction. 		Criminal Law and Procedure 9th Aug. 29, 2019
U.S. v. Lillard
'Period of incarceration' under Section 3664(n) of the Mandatory Victims Restitution Act does not include pretrial detention and therefore does not apply to funds received during periods of pretrial detention. 		Criminal Law and Procedure 9th Aug. 29, 2019
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