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In re Robinson
Proposition 66 allows petitions filed before its enactment to be subject to its procedures; thus, the Supreme Court's order to show cause for habeas corpus is discharged. 		Criminal Law and Procedure 2DCA/2 May 20, 2019
Modification: In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition. 		Criminal Law and Procedure 1DCA/4 May 20, 2019
U.S. v. Singh
The federal government's plenary power under the Constitution provided Congress with power to prohibit foreign nationals from donating and contributing to state and local elections under the Federal Election Campaign Act. 		Criminal Law and Procedure 9th May 17, 2019
Garcia v. U.S.
Defendant failed to meet the constitutional requirement in 28 U.S.C Section 2255(h)(2); thus, the denial of his application for authorization to file a second or successive petition was affirmed. 		Criminal Law and Procedure 9th May 17, 2019
People v. Dalton
Although trial court erred in imposing death sentence based upon conspiracy conviction because conspiracy to commit murder does not render a defendant death eligible, substantial evidence supported defendant's conviction for first-degree murder. 		Criminal Law and Procedure CASC May 17, 2019
U.S. v. Audette
Defendant who deliberated with counsel before stating he wished to proceed pro se and disagreed solely about the means of achieving objectives, knowingly, and intelligently waived assistance of counsel. 		Criminal Law and Procedure 9th May 15, 2019
County of Orange v. Seneca Insurance Co.
The trial court did not err in concluding appellant may not act as a surety on bail since the defendant failed to appear and the bail bond remained unpaid thereafter. 		Criminal Law and Procedure 4DCA/3 May 15, 2019
People v. Zamora
Defendant was entitled to remand for the trial court to exercise its newly-granted discretion whether to strike firearm and serious felony enhancements under Senate Bills No. 620 and 1393. 		Criminal Law and Procedure 4DCA/2 May 15, 2019
People v. Johnson
A trial court's assessment of defendant's ability to pay restitution and fines includes an assessment of defendant's ability to obtain prison wages; thus, restitution fine was affirmed. 		Criminal Law and Procedure 1DCA/4 May 14, 2019
Kayer v. Ryan
There was a reasonable probability defendant's sentence would have been less than death if trial counsel had presented evidence of his mental illness at sentencing; thus, death sentence reversed. 		Criminal Law and Procedure 9th May 14, 2019
Modification: People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence. 		Criminal Law and Procedure 2DCA/6 May 14, 2019
U.S. v. Fultz
Although Supreme Court invalidated 'residual clause' of Armed Career Criminal Act, defendant's robbery conviction qualified as 'crime of violence' under 'elements clause;' thus, he was ineligible for relief. 		Criminal Law and Procedure 9th May 13, 2019
U.S. v. Ruvalcaba-Garcia
The district court's failure to make an explicit reliability finding before admitting expert testimony constituted an abuse of discretion; however, the error was harmless. 		Criminal Law and Procedure 9th May 13, 2019
U.S. v. Orona
'Voisine v. United States' and 'Fernandez-Ruiz v. Gonzales' were not so irreconcilable that the court was not bound by 'Fernandez-Ruiz', which held Arizona Revised Statute Section 13-1203 was not a violent felony. 		Criminal Law and Procedure 9th May 13, 2019
People v. Ramirez
Defendants, who committed crime at age 16 in 2007, were entitled to a juvenile court transfer hearing before resentencing and after remand under Proposition 57 and 'People v. Lara.' 		Criminal Law and Procedure 4DCA/3 May 10, 2019
U.S. v. Carpenter
District court did not err in ordering public disclosure of defendant's duress defense in pre-trial offer of proof because right of access presumption can only be overcome by compelling reason. 		Criminal Law and Procedure 9th May 10, 2019
People v. Warner
Trial court did not err in finding that there was sufficient evidence to show that defendant intended to kill under 'kill zone' theory and to so instruct the jury. 		Criminal Law and Procedure 3DCA May 9, 2019
People v. Bates
Because defendant was unaware of victim's prior threatening conduct, such conduct was not relevant to show defendant's state of mind for purposes of self-defense; thus, trial court properly declined defendant's requested instruction. 		Criminal Law and Procedure 3DCA May 8, 2019
Amended Opinion: Hernandez v. Chappell
Although failure to present mental health evidence to support a diminished capacity defense was ineffective assistance of counsel, ample evidence of defendant's specific intent to rape and kill supported the jury's verdict. 		Criminal Law and Procedure 9th May 6, 2019
Bradford v. Davis
California Supreme Court's conclusions regarding admissibility of defendant's post-arrest statements were not contrary to, nor an unreasonable application of, federal law; thus, district court's grant of conditional writ vacating death sentence reversed. 		Criminal Law and Procedure 9th May 6, 2019
People v. Fox
Defendants seeking to avoid specific firearm enhancement term while maintaining their plea agreement may seek resentencing under Senate Bill No. 620 only if certificate of probable cause is first obtained. 		Criminal Law and Procedure 1DCA/1 May 6, 2019
U.S. v. Anieze-Smith
Medicare was directly harmed by defendant's conduct in course of her fraudulent scheme; thus, district court's conclusion that defendant was an active participant in entire fraudulent scheme was not clear error. 		Criminal Law and Procedure 9th May 3, 2019
People v. Bell
Denial of mistrial motions based on defendant's own courtroom misbehavior have been repeatedly upheld; thus, defendant's murder conviction affirmed. 		Criminal Law and Procedure CASC May 3, 2019
People v. Gonzales
After trial court and defense counsel declare doubt regarding defendant's competency, neither defendant nor counsel may withdraw such doubt, and a competency hearing must be held and criminal proceedings suspended. 		Criminal Law and Procedure 2DCA/6 May 3, 2019
People v. Morrison
If Welfare & Institutions Code Section 6601(d) evaluators initially disagree on sexually violent predator determination, but agree after peer review, the Department of State Hospitals must request a commitment petition be filed. 		Criminal Law and Procedure 2DCA/4 May 2, 2019
People v. Superior Court (Alexander C.)
Senate Bill 1391 is consistent with and furthers the intent of Proposition 57; thus, the district attorney's petition for writ of mandate is denied. 		Criminal Law and Procedure 1DCA/4 May 2, 2019
People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required. 		Criminal Law and Procedure 4DCA/3 May 2, 2019
People v. Cawkwell
Amendment eliminating eligibility for sex offenders to receive diversion was not ex post facto law; amendment occurred years after defendant committed offenses, thus, he could not have relied on diversion. 		Criminal Law and Procedure 4DCA/1 May 2, 2019
People v. Accredited Surety & Casualty Co.
Failure to comply with procedural requirements of 'In re Humphrey' did not render bond void; nothing in 'Humphrey' relieves surety of its obligations under the bond once it has been executed. 		Criminal Law and Procedure 3DCA May 1, 2019
In re McGhee
Proposition 57 mandates parole consideration after inmates serve full term of primary offense; 'two-tiered' system disqualifying certain otherwise eligible-inmates does not comport with the proposition. 		Criminal Law and Procedure 1DCA/4 May 1, 2019
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