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United States v. Johnson
Defendant's concessions in district court foreclosed argument that his conviction under California Penal Code Section 245(a)(1) was not a felony crime of violence under U.S. Sentencing Guidelines Manual Section 2k2.1(a)(4)(A); thus, sentence affirmed. 		Criminal Law and Procedure 9th Apr. 10, 2019
People v. Frandsen
Where statutory elements of a crime are analyzed to determine if violent felony was committed, 'Johnson v. United States's holding regarding unconstitutional vagueness does not apply. 		Criminal Law and Procedure 2DCA/8 Apr. 8, 2019
Modification: People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. 		Criminal Law and Procedure 3DCA Apr. 8, 2019
Mutee v. U.S.
Conviction under North Carolina's breaking-or-entering statute qualifies as predicate felony under Armed Career Criminal Act after Court in 'United States v. Stitt' held that generic burglary includes burglary of mobile structures. 		Criminal Law and Procedure 9th Apr. 5, 2019
People v. Aranda
Trial court's failure to receive partial acquittal verdict on first degree murder when jury indicated it acquitted on that offense rendered declaration of mistrial without legal necessity; thus, dismissal of that charge affirmed. 		Criminal Law and Procedure 4DCA/2 Apr. 5, 2019
People v. Weir
Penal Code Section 530.5(c)'s identity theft provision not subject to reclassification under Proposition 47; Section 490.2's petty theft provision only reclassifies theft offenses, and violation of Section 530.5(c) is a nontheft offense. 		Criminal Law and Procedure 4DCA/1 Apr. 2, 2019
Wade v. Superior Court
Principles behind military diversion and purpose of Penal Code Section 1001.80 are rehabilitative, irrespective of misdemeanor charged; thus, defendant may be suitable for placement in military diversion program. 		Criminal Law and Procedure 6DCA Apr. 1, 2019
People v. Warren
The Supreme Court has recognized that the crime of indecent exposure invariably entails no physical aggression or even contact; thus, trial court erred in denying defendant's petition. 		Criminal Law and Procedure 2DCA/6 Apr. 1, 2019
People v. Salinas-Jacobo
Discharge of a juror for misconduct requires the trial court set forth its reasoning relying on evidence that supports its conclusions that the juror could not perform. 		Criminal Law and Procedure 1DCA/2 Apr. 1, 2019
People v. Morales
Because trial court reviewed an ambiguous record of defendant's convictions in order to find true prior strike allegations against him, it violated his constitutional right to a jury trial; thus, matter was remanded. 		Criminal Law and Procedure 1DCA/4 Apr. 1, 2019
People v. Wilson
Admission of statistical evidence as to rarity of false sexual assault allegations inadmissible, because not helpful to jury regarding specific allegation at issue. 		Criminal Law and Procedure 1DCA/4 Mar. 29, 2019
U.S. v. Artis
After district court properly struck portions of government's affidavit recounting facts establishing probable cause to believe defendant was engaged in credit card fraud, affidavit failed to support finding of probable cause. 		Criminal Law and Procedure 9th Mar. 29, 2019
People v. Potts
Rational trier of fact could have found that killings were deliberate and premeditated; defendant brought hatchet, his motive was to steal, and he plunged a lethal weapon into victims' chests. 		Criminal Law and Procedure CASC Mar. 29, 2019
People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. 		Criminal Law and Procedure 3DCA Mar. 28, 2019
People v. Castellano
A defendant who fails to make a timely objection or motion to strike evidence at trial may not later claim that the admission of the evidence was error. 		Criminal Law and Procedure 2DCA/7 Mar. 28, 2019
In re Hernandez
A criminal defense counsel's Sixth Amendment obligations include properly advising as to the immigration consequences of a guilty or no contest plea. 		Criminal Law and Procedure 4DCA/3 Mar. 28, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 27, 2019
People v. Castillero
Proposition 57 transfer hearing provisions are retroactive and apply to defendants who received a fitness hearing under former law, but whose sentence was not final when Proposition 57 became effective. 		Criminal Law and Procedure 6DCA Mar. 27, 2019
Troiano v. U.S.
District court did not abuse its discretion by correcting defendant's sentence only as to the affected count of his multi-count conviction; decision to unbundle sentencing package lies within court's discretion. 		Criminal Law and Procedure 9th Mar. 25, 2019
U.S. v. Jauregui
Defendant's admission that it was 'reasonably foreseeable' that the controlled substance he was transporting may be methamphetamine did not permit the district court to sentence him for conspiracy to import methamphetamine. 		Criminal Law and Procedure 9th Mar. 25, 2019
People v. Maya
Compliance with prison regulations in an institutional setting does not satisfy the requirement for an 'honest and upright life' provided by Penal Code Section 1203.4a. 		Criminal Law and Procedure 2DCA/6 Mar. 22, 2019
People v. Medina
"Kill zone" jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Mar. 21, 2019
People v. Chatman
Under Proposition 47, identity theft can be treated as a misdemeanor, if the value of the personal identifying information does not exceed $950, as petty theft under Penal Code Section 490.2. 		Criminal Law and Procedure 1DCA/4 Mar. 19, 2019
U.S. v. Korte
Warrantless placement of a GPS tracker on a parolee's car was permissible in light of 'United States v. Johnson' which held that the warrantless search of a parolee's cell phone was permissible. 		Criminal Law and Procedure 9th Mar. 18, 2019
Modification: People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing. 		Criminal Law and Procedure 1DCA/2 Mar. 18, 2019
People v. Alvarez
Defendant confined in a state mental hospital may not serve free-standing discovery on third parties untethered to any proceedings without an underlying active motion, petition, or proceeding. 		Criminal Law and Procedure 1DCA/3 Mar. 15, 2019
Modification: People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed. 		Criminal Law and Procedure CASC Mar. 15, 2019
U.S. v. Read
Defendant's Sixth Amendment right to choose his defense was violated by the district court allowing his counsel to present an insanity defense despite defendant's objections. 		Criminal Law and Procedure 9th Mar. 15, 2019
U.S. v. Prien-Pinto
The lack of a mens rea requirement for stolen firearm enhancements under U.S.S.G. Section 2K2.1(b)(4) does not violate the Fifth Amendment. 		Criminal Law and Procedure 9th Mar. 13, 2019
U.S. v. Door
Second-degree assault under Wash. Rev. Code Section 9A.36.021(1)(c) is not a 'crime of violence' under U.S.S.G. Section 4B1.2(a) for sentencing pursuant to U.S.S.G. Section 2K2.1(a)(2). 		Criminal Law and Procedure 9th Mar. 13, 2019
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