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People v. Lopez
Defense counsel's concession of defendant's guilt during opening statement was not tantamount to guilty plea requiring waiver of his constitutional trial rights; thus, hit and run conviction affirmed. 		Criminal Law and Procedure 2DCA/4 Jan. 11, 2019
U.S. v. Valencia-Mendoza
The statutory maximum sentence for an offense determines whether a conviction constitutes a 'felony,' not the maximum sentence available in the particular case under the sentencing guidelines. 		Criminal Law and Procedure 9th Jan. 11, 2019
People v. Pride
Where robber boasts of heist on social media, no Fourth Amendment violation if undercover officer accesses said boast by posing as false 'friend' on the site. 		Criminal Law and Procedure 4DCA/1 Jan. 11, 2019
U.S. v. Johnson
Search incident to arrest may occur prior to arrest if probable cause extant, even where the crime for which probable cause existed is different from crime of subsequent arrest. 		Criminal Law and Procedure 9th Jan. 10, 2019
Shoop v. Hill
For federal court to set aside state court criminal decision, said decision must violate clear Supreme Court precedent on the books at the time of the state court's decision. 		Criminal Law and Procedure USSC Jan. 8, 2019
People v. Chatman
Fact that woman was already plying prostitution trade not bar to conviction of defendant for 'procuring' her 'for the purpose of prostitution.' 		Criminal Law and Procedure 3DCA Jan. 7, 2019
Modification: In re E.P.
Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.' 		Criminal Law and Procedure 4DCA/3 Jan. 4, 2019
Modification: People v. Baldwin
Section 667.5(b) states the five-year 'washout' rule applies only where the defendant remained free of both the commission of a crime leading to a felony conviction, and prison custody. 		Criminal Law and Procedure 1DCA/5 Jan. 2, 2019
Modification: People v. Thomas
No reasonable suspicion to detain or patsearch defendant based on general physical description of person 'harassing' customers, in area with significant foot traffic, when officers arrived two-and-a-half hours after incident 		Criminal Law and Procedure 3DCA Jan. 2, 2019
In re Thomas
Determination of the retroactive applicability of new laws, for purposes of state habeas petitions, is restricted to state and not federal standards. 		Criminal Law and Procedure 4DCA/2 Dec. 31, 2018
P. v. Meraz
Under state law after 'People v. Sanchez', gang experts are permitted to testify to non-case-specific general background information; thus, gang expert's background testimony did not violate Confrontation Clause. 		Criminal Law and Procedure 2DCA/8 Dec. 31, 2018
People v. Vasquez
A court may not weigh the evidence or evaluate witness credibility when deciding whether substantial evidence supports an instruction on lesser-included offense after counsel requests that an instruction be given. 		Criminal Law and Procedure 2DCA/3 Dec. 31, 2018
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 Dec. 28, 2018
Avitia v. Superior Court
Although prosecutor's dismissal of a grand juror violated Penal Code Section 939.5, the error did not have had an adverse effect on the impartiality or independence of the grand jury. 		Criminal Law and Procedure CASC Dec. 27, 2018
Modification: People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Dec. 24, 2018
People v. Bendovid
Before individual may be deemed a 'mentally disordered offender,' he must receive 90 days of treatment relating to the diagnosed disorder, in the year prior to parole or release. 		Criminal Law and Procedure 2DCA/6 Dec. 24, 2018
U.S. v. Valdez
28 U.S.C. Section 2461(c) authorizes the forfeiture of substitute property because 21 U.S.C. Section 853(p) is one of the Section 853 'procedures' incorporated by reference in Section 2461(c). 		Criminal Law and Procedure 9th Dec. 24, 2018
People v. Baldwin
Section 667.5(b) states the five-year "washout" rule applies only where the defendant remained free of "both" the commission of a crime leading to a felony conviction, "and" prison custody. 		Criminal Law and Procedure 1DCA/5 Dec. 24, 2018
People v. Gomez
15 years to life for sexual penetration of child 10 years old or younger was constitutional where defendant, a father figure to victim, sexually molested her over the course of years. 		Criminal Law and Procedure 4DCA/3 Dec. 21, 2018
U.S. v. Hernandez-Escobar
District Court did not clearly err when it found that cash in defendant's bedroom was drug proceeds; therefore denial of defendant's father's 21 U.S.C. Section 853 petition was not erroneous. 		Criminal Law and Procedure 9th Dec. 21, 2018
People v. Garcia
Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination. 		Criminal Law and Procedure 2DCA/6 Dec. 19, 2018
People v. Erickson
No abuse of discretion when trial court ordered defendant to pay restitution and returned the stolen property to victim; criminal law does not contemplate a reward for criminal behavior. 		Criminal Law and Procedure 2DCA/6 Dec. 19, 2018
People v. K.P.
Amended Penal Code section granting trial courts discretion to dismiss firearm enhancements at sentencing does not apply to insanity acquittees, who are not sentenced but rather 'admitted' to state hospitals 		Criminal Law and Procedure 4DCA/1 Dec. 19, 2018
People v. Tseng
Substantial evidence supported jury's finding that physician acted with a subjective appreciation of the risks involved when she prescribed patients with high doses of controlled substances; thus, murder convictions affirmed. 		Criminal Law and Procedure 2DCA/1 Dec. 18, 2018
Sims v. Kernan
The legislature's delegation of authority to the Department of Corrections and Rehabilitation to develop protocols for implementing death penalty executions is a permissible and constitutional delegation of power. 		Criminal Law and Procedure 1DCA/4 Dec. 18, 2018
Modification: People v. Caldwell
Evidence supporting defendant's contention that he was not the shotgun shooter who murdered victim was eclipsed by the evidence of his role in the murder; thus, factual innocence motion properly denied. 		Criminal Law and Procedure 1DCA/3 Dec. 18, 2018
P. v. LaDuke
To determine the meaning of statutory language that is ambiguous and is reasonably susceptible to more than one meaning, courts must look at a variety of extrinsic aids to determine legislative intent. 		Criminal Law and Procedure 4DCA/1 Dec. 17, 2018
In re E.P.
Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.' 		Criminal Law and Procedure 4DCA/3 Dec. 12, 2018
U.S. v. Stitt
Congress intended a 'uniform definition of burglary to be applied to all cases in which the Government seeks' an enhanced sentence under the Armed Career Criminal Act. 		Criminal Law and Procedure USSC Dec. 11, 2018
People v. Franco
For purposes of resentencing as a misdemeanor or felony forgery, under Proposition 47, the value of a forged instrument is determined by looking at the stated face value. 		Criminal Law and Procedure CASC Dec. 11, 2018
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