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People v. Flores
Defendant's 'unprovoked headlong flight' in high crime area upon seeing police did not provide legal cause for investigatory detention. 		Criminal Law and Procedure 4DCA/3 Aug. 14, 2019
U.S. v. Nejad
Court may order forfeiture in the form of personal money judgment against defendant, and government may attempt to satisfy judgment with any substitute property it locates in the future. 		Criminal Law and Procedure 9th Aug. 14, 2019
U.S. v. Hernandez-Martinez
'Hughes v. United States' was not clearly irreconcilable with 'United States v. Padilla-Diaz', so 'Padilla-Diaz' remained binding precedent concerning the interplay between U.S.S.G. Section 1B1.10(b)(2)(A) and 18 U.S.C. Section 3582(c)(2). 		Criminal Law and Procedure 9th Aug. 14, 2019
U.S. v. Sainz
The government must expressly invoke defendant's 18 U.S.C. Section 3582(c)(2) waiver to avoid waiving it, and merely claiming it was silent and did not intend to waive waiver was insufficient. 		Criminal Law and Procedure 9th Aug. 13, 2019
Young v. Pfeiffer
A successive 28 U.S.C. Section 2254 habeas petition cannot be filed if the defendant fails to show that the Supreme Court intended for the new rule to retroactively apply. 		Criminal Law and Procedure 9th Aug. 13, 2019
In re Masters
Defendant not entitled to habeas corpus relief on his claim that witness testified falsely at his trial because court appointed referee did not believe witness' recantation of trial testimony. 		Criminal Law and Procedure CASC Aug. 13, 2019
U.S. v. Jobe
Twenty one day delay did not evince negligence on the part of the special agent, let alone deliberate and culpable misconduct; thus, exclusionary rule did not apply. 		Criminal Law and Procedure 9th Aug. 12, 2019
Riley v. Filson
State's Federal Rule of Civil Procedure 60(b)(6) motion to reopen final judgment was properly denied because no change in Nevada law regarding distinct statutory elements of first-degree murder occurred. 		Criminal Law and Procedure 9th Aug. 12, 2019
People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct. 		Criminal Law and Procedure CASC Aug. 9, 2019
People v. Centeno
Under Penal Code Section 1203.06, a court cannot grant probation to someone who commits a robbery with a firearm even if the court had the discretion to strike the firearm enhancement. 		Criminal Law and Procedure 4DCA/1 Aug. 9, 2019
People v. Jefferson
Defendant was ineligible for mental health diversion under Penal Code Section 1001.36 because the trial court clearly indicated it did not believe defendant's alleged mental disorder influenced his criminal acts. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
People v. Gutierrez-Salazar
Because jury found true a felony-murder special circumstance which tracks language of Senate Bill 1437 and the new felony-murder statutes, any potential instructional error would be harmless. 		Criminal Law and Procedure 5DCA Aug. 7, 2019
People v. Pierce
Trial court did not commit prejudicial error when it refused to strike reference to Penal Code Section 550(a)(5) from conspiracy charge as mere surplusage. 		Criminal Law and Procedure 5DCA Aug. 6, 2019
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 Aug. 6, 2019
People v. Abdullah
Trial court did not recall defendant's sentence under Penal Code Section 1170(d)(1), so resentencing him as if he had not previously been sentenced was not necessary. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2019
People v. Hernandez
Petitioner qualified for reclassification of burglary conviction as misdemeanor shoplifting given the facts underlying the offense, which dictated he could only be charged with shoplifting, not burglary, under Proposition 47. 		Criminal Law and Procedure 4DCA/2 Aug. 5, 2019
People v. Pearson
Record did not affirmatively establish the trial court failed to consider factors it must consider, so it did not abuse its discretion by denying defendant's request to strike firearm enhancement. 		Criminal Law and Procedure 2DCA/1 Aug. 2, 2019
People v. Kopp
Properly instructed jury would have only found a single conspiracy when case involved same coconspirators, prosecution offered same overt acts, and relied on same evidence; thus, one count of conspiracy was reversed. 		Criminal Law and Procedure 4DCA/1 Aug. 2, 2019
In re A.L.
Juvenile court's comments did not establish clear misapplication of the law necessitating reversal, and the juvenile court applied the correct standard under Penal Code Section 243(b). 		Criminal Law and Procedure 6DCA Aug. 1, 2019
U.S. v. Fabian-Baltazar
Under 'Garza v. Idaho,' attorney provides ineffective assistance by failing to file notice of appeal after client requests to do so, even if client signed appeal waiver; thus, remand was warranted. 		Criminal Law and Procedure 9th Jul. 31, 2019
People v. DeJesus
Parolees are not eligible for relief pursuant to Penal Code Section 1473.7 because they are in 'constructive' criminal custody. 		Criminal Law and Procedure 2DCA/3 Jul. 30, 2019
People v. Patton
Probationers do not enjoy the same absolute liberty as law-abiding citizens, therefore a condition that permits the warrantless search of a probationer's cell phone is constitutional. 		Criminal Law and Procedure 4DCA/1 Jul. 29, 2019
People v. Young
Trial court erred in permitting prosecution on rebuttal to introduce substantial evidence concerning defendant's racist beliefs simply for the light the offensiveness of those beliefs shed on his character. 		Criminal Law and Procedure CASC Jul. 26, 2019
Amended Opinion: U.S. v. Perez
Conviction under Penal Code Section 243(d) fits squarely within the definition of 'crime of violence' under U.S.S.G. Section 4B1.2(a), so no error occurred in defendant's sentencing. 		Criminal Law and Procedure 9th Jul. 26, 2019
West v. City of Caldwell
The lack of voluntariness to enter plaintiff's home was not so clearly established to police that officer would have known that plaintiff's consent was not voluntary; thus, officer entitled to qualified immunity. 		Criminal Law and Procedure 9th Jul. 26, 2019
People v. Turner
Trial court has no duty to sua sponte instruct jury that prosecution must prove great bodily injury as an element of mayhem. 		Criminal Law and Procedure 3DCA Jul. 25, 2019
U.S. v. Corrales-Vazquez
Under 8 U.S.C. Section 1325(a)(2), the crime of 'eluding examination or inspection by immigration officers' can be committed only where and when examinations or inspections occur, specifically, open ports of entry. 		Criminal Law and Procedure 9th Jul. 25, 2019
U.S. v. Lindsay
18 U.S.C. Section 2423(c), which prohibits engaging in illicit sexual conduct in foreign places, did not exceed Congress's authority under Foreign Commerce Clause, as applied to criminalization of non-commercial sexual abuse of minor. 		Criminal Law and Procedure 9th Jul. 24, 2019
U.S. v. Iwai
Exigent circumstances existed to justify government's warrantless entry into defendant's residence because it was reasonable to conclude that destruction of incriminating evidence was occurring. 		Criminal Law and Procedure 9th Jul. 24, 2019
U.S. v. Myers
When weighing whether the state or federal government violated someone's right to a speedy trial under the Sixth Amendment, the court must consider the nature and circumstances of the delay. 		Criminal Law and Procedure 9th Jul. 23, 2019
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