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Modification: People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. 		Criminal Law and Procedure CASC Jun. 28, 2019
People v. Alexander
Under Penal Code Section 1538.5 (a)(1)(A), a warrantless arrest is reasonable and valid when probable cause is present; thus, surveillance video of suspects satisfied this standard. 		Criminal Law and Procedure 1DCA/5 Jun. 27, 2019
People v. Boatwright
Even if a charge is not explicitly stated in Proposition 64, an individual may seek to reduce his sentence and the trial court should evaluate in accordance with the law. 		Criminal Law and Procedure 1DCA/1 Jun. 27, 2019
U.S. v. Haymond
When 'a finding of fact alters the legally prescribed punishment so as to aggravate it' that finding must be made by a jury of the defendant's peers beyond a reasonable doubt. 		Criminal Law and Procedure USSC Jun. 27, 2019
People v. Korwin
Under Penal Code Section 288.3(a), contacting a minor with knowledge and intent to commit a sexual offense, it is not required that the victim is an actual minor. 		Criminal Law and Procedure 4DCA/1 Jun. 26, 2019
People v. Toledano
After defendant proposed legally incorrect jury instructions on his litigation privilege affirmative defense, the trial court's failure to give legally correct instructions sua sponte prejudiced defendant. 		Criminal Law and Procedure 4DCA/3 Jun. 26, 2019
U.S. v. Davis
Under 18 U.S.C. Section 924(c)(3)(B), the residual clause defining 'crime of violence' in federal criminal prosecution for using a firearm during commission of the underlying crime, is unconstitutionally vague. 		Criminal Law and Procedure USSC Jun. 25, 2019
People v. Mitchell
Trial court properly refused to instruct jury pursuant to CALJIC No. 8.73.1; in calling victim 'devil' defendant may have been referring to victim's horn tattoos, not because he was hallucinating. 		Criminal Law and Procedure CASC Jun. 25, 2019
People v. Canizales
Kill zone instruction was improper because evidence was insufficient to support a reasonable inference that defendants intended to create a zone of fatal harm around a primary target. 		Criminal Law and Procedure CASC Jun. 25, 2019
Rehaif v. U.S.
Under U.S.C. Section 922(g) and Section 924(a)(2) the Government must prove that the defendant knowingly possessed a firearm and knew of his unlawful or illegal immigrant status. 		Criminal Law and Procedure USSC Jun. 24, 2019
Flowers v. Mississippi
Trial court committed clear error by concluding the State's peremptory challenge of a black prospective juror was not motivated in substantial part by discriminatory intent. 		Criminal Law and Procedure USSC Jun. 24, 2019
Modification: People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances. 		Criminal Law and Procedure 4DCA/2 Jun. 24, 2019
People v. Montalvo
Although evidence did not allow inference that fear was utilized by defendant to accomplish robberies, sufficient evidence of use of force supported defendant's robbery convictions. 		Criminal Law and Procedure 3DCA Jun. 21, 2019
People v. Perry
Unlawful arrest alone is not legally sufficient for conviction under Penal Code Section 149, so reversal was necessary because jury heard theory of guilt premised on officer lacking authority to arrest. 		Criminal Law and Procedure 5DCA Jun. 20, 2019
People v. Bankers Insurance Co.
When a bench warrant or bail forfeiture is administered in a court session, the judge has the power to retract it until that particular session is over. 		Criminal Law and Procedure 6DCA Jun. 20, 2019
Modification: People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. 		Criminal Law and Procedure 1DCA/1 Jun. 19, 2019
Martinez v. Ryan
Arizona Supreme Court applied an unconstitutional causal nexus test under 'Eddings v. Oklahoma' but appellant was not prejudiced by constitutional error; thus, denial of writ of habeas corpus affirmed. 		Criminal Law and Procedure 9th Jun. 19, 2019
Gamble v. United States
Dual sovereignty doctrine, under which two offences are not the same offences in double jeopardy analysis if prosecuted by separate sovereigns, should not be overturned. 		Criminal Law and Procedure USSC Jun. 18, 2019
People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Jun. 18, 2019
People v. McShane
Jury instruction for voluntary manslaughter under a heat of passion theory must have sufficient evidence of adequate provocation; thus, mere automobile theft and 'cooling off' period rendered evidence insufficient. 		Criminal Law and Procedure 4DCA/2 Jun. 17, 2019
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 Jun. 14, 2019
Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed. 		Criminal Law and Procedure 9th Jun. 14, 2019
People v. Raybon
Under Health and Safety Code Section 11362.1, possession of less than an ounce of cannabis in prison is no longer a felony; thus, defendants' convictions reversed. 		Criminal Law and Procedure 3DCA Jun. 13, 2019
Gouveia v. Espinda
Trial court's manifest-necessity determination was erroneous because trial court failed to provide any meaningful consideration of alternatives to mistrial; thus, retrying defendant would violate Double Jeopardy Clause. 		Criminal Law and Procedure 9th Jun. 13, 2019
People v. John
A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges, so defendant's plea agreement was null and void. 		Criminal Law and Procedure 4DCA/2 Jun. 13, 2019
People v. Kidd
Officer detained defendant by pulling behind him and shining spotlights on defendant's vehicle without reasonable suspicion that crime was about to occur, so subsequently seized evidence should be excluded. 		Criminal Law and Procedure 4DCA/2 Jun. 12, 2019
U.S. v. Bain
Defendant's inadvertent placement of closed pocket knife on bank counter did not put in jeopardy the life of any person by the use of a dangerous weapon; thus, armed robbery conviction reversed. 		Criminal Law and Procedure 9th Jun. 12, 2019
Quarles v. United States
Michigan statute underlying defendant's third-degree home invasion prior conviction substantially corresponded to or was narrower than generic burglary; thus, defendant's prior conviction qualified as burglary under Armed Career Criminal Act. 		Criminal Law and Procedure USSC Jun. 11, 2019
U.S. v. Yong
Defendant's guilty plea made in exchange for leniency to third party was not involuntarily because government had probable cause to prosecute third party at time of guilty plea. 		Criminal Law and Procedure 9th Jun. 10, 2019
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 Jun. 7, 2019
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