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People v. Jimenez
Prosecutors could remove a prospective Latina juror via peremptory challenge because her repeated statements that she would have a difficult time being fair were unrelated to her race. 		Criminal Law and Procedure 4DCA/1 Feb. 6, 2024
In re Vaquera
Defendant's due process rights were violated by prosecution's failure to provide notice of its election to seek an increased sentence under One Strike Law. 		Criminal Law and Procedure CASC Feb. 6, 2024
People v. Dean
During complete resentencing, only the defendant's actual time served should be recalculated for sentence-shortening credit purposes because post-sentencing conduct credits are the purview of the Department of Corrections and Rehabilitation. 		Criminal Law and Procedure 1DCA/4 Feb. 2, 2024
People v. Dain
Dismissal of prior conviction under Three Strikes sentencing scheme was an abuse of discretion where nothing about the defendant indicated he fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2024
In re Duong
Petitioner could not file an appeal from the denial of his writ of habeas corpus under newly enacted Penal Code Section 1509.1 because he was not in custody pursuant to the death penalty when he filed his appeal. 		Criminal Law and Procedure 2DCA/1 Jan. 31, 2024
People v. Brooks
Witness asserted valid Fifth Amendment privilege through counsel despite not being called and sworn, so related jury instruction was proper. 		Criminal Law and Procedure 4DCA/1 Jan. 31, 2024
People v. Underwood
Resentencing was required where criminal defendant could no longer be convicted of felony murder because his participation in underlying felony lacked intent to kill or reckless indifference to human life. 		Criminal Law and Procedure 1DCA/2 Jan. 31, 2024
Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans. 		Criminal Law and Procedure 4DCA/2 Jan. 29, 2024
U.S. v. Virgen-Mendoza
Government's misstatement that co-conspirator did not need actual knowledge of his brother's intent to flee was not prejudicial because it presented evidence that defendant knew of his brother's flight. 		Criminal Law and Procedure 9th Jan. 29, 2024
People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day. 		Criminal Law and Procedure 4DCA/1 Jan. 26, 2024
Chavez v. Superior Court (People)
Trial court had post-indictment authority to resubmit enhancement to grand jury to permit prosecution to present evidence relevant to newly enacted elements of gang enhancement rather than dismissing it. 		Criminal Law and Procedure 2DCA/2 Jan. 26, 2024
People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. 		Criminal Law and Procedure 2DCA/2 Jan. 26, 2024
U.S. v. Gambino-Ruiz
Government did not violate defendant's due process rights when it removed him via expedited proceedings, and he was properly convicted of illegal reentry. 		Criminal Law and Procedure 9th Jan. 25, 2024
People v. Smyth
Registered sex offender ineligible for relief from registration requirement because he was not a California resident required to register under Section 290, which was a prerequisite for relief. 		Criminal Law and Procedure 3DCA Jan. 25, 2024
People v. Gonzalez
Assembly Bill No. 333 did not alter the status of defendant's prior strike conviction for purposes of the Three Strikes law. 		Criminal Law and Procedure 5DCA Jan. 24, 2024
People v. Helzer
Seizure of items not specifically named in search warrants by police did not support criminal defendant's requested remedy of blanket suppression of the evidence resulting from the search. 		Criminal Law and Procedure CASC Jan. 23, 2024
People v. Hurt
Trial court did not err in consolidating defendant's three separate drug possession cases where defendant's intent to sell methamphetamine was common to the cases. 		Criminal Law and Procedure 3DCA Jan. 23, 2024
People v. Campos
Suppression of electronic evidence obtained without proper post-disclosure notice was unwarranted because defendant ultimately was made aware of the evidence obtained. 		Criminal Law and Procedure 5DCA Jan. 23, 2024
People v. Medrano
Petitioner's second Penal Code Section 1172.6 petition was invalid under law of the case doctrine because there was no new evidence affecting the principle of the law from earlier appeal. 		Criminal Law and Procedure 2DCA/6 Jan. 23, 2024
Modification: People v. McCray
Defendant's appeal from recommitment order was moot where defendant had been subsequently recommitted. 		Criminal Law and Procedure 1DCA/4 Jan. 23, 2024
People v. Fouse
Redesignating murder counts as different offenses was inappropriate where petitioner entitled to resentencing under Penal Code Section 1172.6 had already been charged with target felony underlying the murder count. 		Criminal Law and Procedure 5DCA Jan. 19, 2024
People v. Frias
Despite trial court's concern that defendant's fourth attorney substitution was a delay tactic, it erred in not granting the request where the new attorney was prepared for trial. 		Criminal Law and Procedure 2DCA/7 Jan. 17, 2024
Sarmiento v. Superior Court (People)
Trial court erroneously denied mental health diversion for defendant where there was insufficient evidence to show that her symptoms would not respond to treatment. 		Criminal Law and Procedure 4DCA/1 Jan. 11, 2024
Modification: People v. Hall
Criminal defendant's right to jury trial was not violated when trial court relied on aggravating circumstances not found by a jury in selecting his sentence pursuant to a negotiated disposition. 		Criminal Law and Procedure 1DCA/1 Jan. 10, 2024
People v. Lashon
The appellate rules governing forfeiture of issues apply to claims made pursuant to the California Racial Justice Act. 		Criminal Law and Procedure 1DCA/3 Jan. 10, 2024
People v. Coleman
Defense counsel's advice regarding defendant's use of slang and manner of speaking did not indicate racial bias or animus sufficient to support a violation of the Racial Justice Act. 		Criminal Law and Procedure 1DCA/5 Jan. 9, 2024
People v. Alvarez
No exigent circumstances existed alleviating a police officer's warrant obligation before drawing an unconscious man's blood sample. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2024
Gonzales v. California Victim Compensation Bd.
Grant of writ of habeas corpus for insufficient evidence was not the same as a finding of factual innocence for wrongful incarceration compensation purposes. 		Criminal Law and Procedure 2DCA/2 Jan. 3, 2024
People v. Campbell
Trial court erred in deciding at the prima facie stage that jury's intent to kill findings precluded relief from first-degree murder conviction as a matter of law. 		Criminal Law and Procedure 1DCA/2 Jan. 2, 2024
U.S. v. Sproat
Judge's instruction to send a deadlocked jury home and return the next morning did not amount to coercion because it did not pressure them to reach a unanimous verdict. 		Criminal Law and Procedure 9th Dec. 29, 2023
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