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People v. Powell
The nature of defendant's brutal beating of the victim, coupled with his motivation for revenge was sufficient evidence to demonstrate a finding of torture-murder. 		Criminal Law and Procedure CASC Aug. 14, 2018
Modification: People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision. 		Criminal Law and Procedure 2DCA/6 Aug. 13, 2018
People v. Rodriguez
Defendant did not have a full possessory interest in rented hotel room, and thus there was sufficient evidence to support conviction for burglary when a felony was committed inside room. 		Criminal Law and Procedure 4DCA/1 Aug. 10, 2018
Modification: People v. Ghobrial
A judgment of death was affirmed,a s court has wide discretion when determining whether certain evidence requires determination that defendant is incompetent to stand trial. 		Criminal Law and Procedure CASC Aug. 10, 2018
People v. Piper
People's burden of proof in Prop 36 resentencing context remains beyond a reasonable doubt; court may not make evidentiary findings contrary to jury's verdict in offense at issue. 		Criminal Law and Procedure 2DCA/4 Aug. 8, 2018
People v. Stevenson
Not improper to give 'natural and probable consequences' instruction in first degree murder case, where additional instruction ensures jury must find defendant acted 'willfully, deliberately, and with premeditation' before being convicted of first degree murder. 		Criminal Law and Procedure 1DCA/3 Aug. 7, 2018
U.S. v. Nature
Per regulatory language, 'dangerous drinking' prohibition applies to administrative site bordering Yosemite National Park. 		Criminal Law and Procedure 9th Aug. 7, 2018
People v. Webb
A trial court did not err when it instructed the jury with CALCRIM 548 on the facts of this particular case, but even if it did, the alleged ambiguity error was harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/1 Aug. 6, 2018
Modification: People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury. 		Criminal Law and Procedure 4DCA/2 Aug. 6, 2018
People v. Brayton
Attempted theft of less than $950 using a false identity should be considered 'shoplifting' under Prop 47-created provision. 		Criminal Law and Procedure 2DCA/6 Aug. 2, 2018
People v. Phung
Prop 57 and Senate Bill 620 both apply retroactively under 'Estrada,' require remand where appellant's case was not final at time changes in law were enacted. 		Criminal Law and Procedure 4DCA/3 Aug. 2, 2018
People v. Bilbrey
Dismissal for violation of speedy trial right not abuse of discretion where People appeal retrial grant after habeas ruling, but fail to attempt to stay lower court proceedings. 		Criminal Law and Procedure 1DCA/2 Aug. 2, 2018
People v. Fleming
A trial court properly found that there was substantial evidence such that a jury could convict defendant for violating Penal Code Section 289(f). 		Criminal Law and Procedure 5DCA Aug. 2, 2018
U.S. v. Mickey
Jurors need not reach unanimity as to single particular 'means' used to commit element of crime. 		Criminal Law and Procedure 9th Jul. 31, 2018
People v. Buycks
Enhancements under Penal Code Sections 12022.1 and 667.5, if not final when Prop 47 become effective, may be stricken where petitioner successfully reduces prior felonies upon which enhancements rest. 		Criminal Law and Procedure CASC Jul. 31, 2018
People v. Johnson
Case remanded for resentencing where court is uncertain that lower court would have stricken firearm enhancement if it had authority to do so under 'later enacted' Section 12022.53(h). 		Criminal Law and Procedure 4DCA/1 Jul. 30, 2018
People v. Quarles
Trial court properly refused to instruct a jury on a voluntary intoxication defense where crime, though statute requires 'maliciousness,' is properly deemed general intent crime. 		Criminal Law and Procedure 1DCA/1 Jul. 30, 2018
U.S. v. Turner
Judgment affirmed where court does not err in finding that defendant waived right to counsel by 'repeatedly alternat[ing] between invoking right to self-representation and his right to counsel.' 		Criminal Law and Procedure 9th Jul. 30, 2018
In re Manriquez
Petition for habeas relief alleging prejudicial jury misconduct denied where there is no substantial likelihood that juror was biased toward petitioner. 		Criminal Law and Procedure CASC Jul. 27, 2018
U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles. 		Criminal Law and Procedure 9th Jul. 27, 2018
People v. Yates
Expert testimony is inadmissible hearsay where it 'relates as true case-specific content of documents' not admitted into evidence and not shown to be exceptions to hearsay. 		Criminal Law and Procedure 2DCA/2 Jul. 26, 2018
People v. Bear
Under Prop 47, Penal Code Section 1170.18 does not preclude amended resentencing petition. 		Criminal Law and Procedure 6DCA Jul. 25, 2018
Modification: People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. 		Criminal Law and Procedure 5DCA Jul. 25, 2018
People v. Booth
Judgment affirmed where court correctly concludes that it has ‘no discretion other than to impose’ indeterminate sentence. 		Criminal Law and Procedure 4DCA/3 Jul. 23, 2018
U.S. v. Robertson
Judgment affirmed where jury instruction that is consistent with elements of statutory offense and language of convicting statute does not misstate law. 		Criminal Law and Procedure 9th Jul. 23, 2018
Amended Opinion: Solorio v. Muniz
Request to file second or successive federal habeas corpus petition to advance claim that state suppressed exculpatory evidence denied where applicant fails to exercise due diligence to discover claim's underlying facts. 		Criminal Law and Procedure 9th Jul. 23, 2018
U.S. v. Barnes
Removing handgun from home for fear unsupervised toddlers therein might find and handle it does not amount to necessity defense against charge of being a felon in possession of a firearm. 		Criminal Law and Procedure 9th Jul. 20, 2018
Ross v. Williams
Judgment affirmed where facts in order attached to untimely amended habeas petition are not clearly incorporated for purposes of relating petition back to original, timely petition and petitioner fails to comply with Habeas Rule 2(c). 		Criminal Law and Procedure 9th Jul. 20, 2018
People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury. 		Criminal Law and Procedure 4DCA/2 Jul. 19, 2018
U.S. v. Buenrostro
A district court properly denied a defendant's motion for a sentence modification where defendant's life term received a Presidential commutation to 360 months. 		Criminal Law and Procedure 9th Jul. 16, 2018
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