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People v. Gutierrez
When DUI suspect is given the choice between a breath test and blood test, and elects blood test, a search warrant is not required to administer the blood draw. 		Criminal Law and Procedure 1DCA/4 Oct. 4, 2018
U.S. v. Gray
Per FRCP rule 32.1, parolee must be afforded chance to speak before court imposes post-revocation sentence, and must be given chance to dispute factual information underlying sentence. 		Criminal Law and Procedure 9th Oct. 4, 2018
People v. Delgado
Though 'Miranda' requires that a unwarned admission must be suppressed, the admissibility of any subsequent statement should turn solely on whether it is knowingly and voluntarily made. 		Criminal Law and Procedure 3DCA Oct. 3, 2018
People v. Linville
Prosecution not barred from charging defendant with murder when defendant previously pled guilty to accessory after the fact to the killings because it did not involve the same course of conduct. 		Criminal Law and Procedure 1DCA/2 Oct. 2, 2018
People v. Wong
Under Penal Code Section 654, the trial court erred when it imposed three consecutive one-year enhancements for the use of deadly weapons to the same aspect of a criminal act. 		Criminal Law and Procedure 2DCA/8 Oct. 2, 2018
People v. Fleming
A trial court's response to a jury question can be erroneous even if it does not technically misstate the law. 		Criminal Law and Procedure 2DCA/2 Oct. 1, 2018
People v. Frahs
A diversion program for defendants with diagnosed mental disorders can be applied retroactively where defendant was tried and convicted before the statute became effective, if the case is not yet final on appeal. 		Criminal Law and Procedure 4DCA/1 Oct. 1, 2018
In re Loza
Because the Supreme Court of California held that the natural and probable consequences theory can no longer support a premeditated murder conviction, petitioner's first degree murder conviction must be vacated. 		Criminal Law and Procedure 4DCA/3 Oct. 1, 2018
People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. 		Criminal Law and Procedure 2DCA/3 Sep. 24, 2018
People v. Laird
Proposition 64 does not require a defendant's DNA to be expunged from the state's database where defendant has offense reduced to an infraction. 		Criminal Law and Procedure 4DCA/1 Sep. 24, 2018
People v. Hayes
Allowing defendant to testify in narrative form, after defense counsel suspected defendant was going to commit perjury, and gave reasons for that suspicion, did not deprive her of the right to counsel. 		Criminal Law and Procedure 3DCA Sep. 20, 2018
U.S. v. Estrada
Wiretap affidavits are sufficient, provided they are reasonably detailed and "speak in case specific language" 		Criminal Law and Procedure 9th Sep. 19, 2018
People v. Cruz-Lopez
A convicted felon currently on formal probation is under 'constructive custody' and thus not a person entitled to the relief available in Penal Code Section 1473.7 		Criminal Law and Procedure 1DCA/1 Sep. 18, 2018
People v. Powell
The evidence was insufficient to support an inference of duress; defendant's accomplices were not armed at the crime scene, and defendant was simply 'told' and 'coached' to kill the victim. 		Criminal Law and Procedure CASC Sep. 18, 2018
In re Sims
When a defendant's competency is in question while a trial is ongoing, proceedings should be halted to determine whether the defendant is fit to stand trial 		Criminal Law and Procedure 4DCA/2 Sep. 17, 2018
Modification: People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights. 		Criminal Law and Procedure CASC Sep. 14, 2018
U.S. v. Franklin
Washington's drug trafficking law is not categorically a 'serious drug offense' under the Armed Career Criminal Act, as Washington's accomplice liability statute renders it broader than similar federal ACCA laws. 		Criminal Law and Procedure 9th Sep. 14, 2018
U.S. v. Lynch
The 'safety valve' of 18. U.S.C. Section 3553(f) is a narrow exception that cannot be applied to 'leader or organizer' of offense involving five or more participants. 		Criminal Law and Procedure 9th Sep. 14, 2018
U.S. v. Blackstone
District Court correctly denied an inmate's motion to set aside or vacate his sentence because it was time barred, and the Supreme Court decision in *Johnson* does not clearly extend to sentences imposed under advisory federal sentencing guidelines. 		Criminal Law and Procedure 9th Sep. 13, 2018
Martinez v. Cate
Detective's statements suggesting petitioner might not be booked if he talked after petitioner invoked his right to counsel constituted interrogation. 		Criminal Law and Procedure 9th Sep. 12, 2018
People v. Hubbard
A recall of a sentence under Proposition 36 must be treated the same as a recall of sentence under Prop 47; thus, when a case is remanded for resentencing by an appellate court, the trial court is entitled to consider the entire sentencing scheme. 		Criminal Law and Procedure 3DCA Sep. 12, 2018
In re Edwards
Petitioner's habeas corpus petition was granted; The California Department of Corrections and Rehabilitation was directed to treat as void and repeal its promulgated regulations concerning 'nonviolent felony' offenses under Proposition 57. 		Criminal Law and Procedure 2DCA/5 Sep. 11, 2018
In re Bennett
Evidence was insufficient to support a finding that defendant was a 'major participant' who acted with 'reckless indifference to human life' in his first degree felony-murder conviction; thus he must be resentenced. 		Criminal Law and Procedure 4DCA/3 Sep. 7, 2018
Pogosyan v. Appellate Division of Superior Court
A trial court erred by denying defendant's motion to dismiss after the 10-day limiting grace period had expired under Penal Code Section 1382. 		Criminal Law and Procedure 2DCA/4 Sep. 7, 2018
Anderson v. Gipson
Petitioner's behavior at trial, including his suicide attempt, created a 'bona fide doubt' as to his mental competency; thus, due process required the trial to cease until a competency hearing had been held. 		Criminal Law and Procedure 9th Sep. 7, 2018
People v. Osotonu
Proposition 47 reclassification petition should have been granted, as bank ATM qualifies as a commercial establishment within the meaning of Penal Code Section 459.5 		Criminal Law and Procedure 1DCA/4 Sep. 6, 2018
People v. Rodriguez
Prosecutor asserting facts not in evidence to bolster witness credibility during closing arguments commits reversible error. 		Criminal Law and Procedure 5DCA Sep. 5, 2018
U.S. v. Peterson
District court properly denied a motion to suppress evidence where the suspect's personal belongings would have been inevitably discovered during booking procedures. 		Criminal Law and Procedure 9th Sep. 5, 2018
U.S. v. Kechedzian
District court was obligated to excuse a juror for cause under actual bias when she could not affirmatively state that she would be impartial. 		Criminal Law and Procedure 9th Sep. 5, 2018
People v. Accredited Surety & Casualty Co.
When defendant voluntarily appears to vacate his forfeiture and exonerate his bond and the matter is continued to the afternoon and defendant fails to appear, his morning appearance is sufficient to exonerate bail. 		Criminal Law and Procedure 1DCA/3 Sep. 4, 2018
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