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Name Category Published
U.S. v. Hulen
Revocation of supervised release based on probationer admissions affirmed where revocation proceeding is not criminal case for purposes of Fifth Amendment right against self-incrimination. 		Criminal Law and Procedure 9th Jan. 11, 2018
People v. Holzmann
Probation condition requiring defendant to stay away from location not unconstitutionally vague where requirement is simple and stated in plain language. 		Criminal Law and Procedure 6DCA Jan. 9, 2018
People v. Tua
On issue of first impression, enhancement that attaches to determinate sentence that is either stayed or runs concurrently with indeterminate term must, under those circumstances, be stayed or run concurrently. 		Criminal Law and Procedure 4DCA/1 Jan. 8, 2018
People v. Financial Casualty & Surety, Inc.
Penal Code section 977 entitles a misdemeanor defendant to have counsel appear at a probation violation hearing on their behalf until lawfully required to personally appear. 		Criminal Law and Procedure 4DCA/3 Jan. 8, 2018
Conservatorship of Lee C.
Order compelling conservatorship investigator to petition for Murphy conservatorship and disqualifying counsel for resisting order vacated and remanded where court is unauthorized to make such order. 		Criminal Law and Procedure 3DCA Jan. 3, 2018
Davis v. Superior Court
Original waiver of preliminary hearing time limit does not preclude defendant from asserting right for preliminary hearing within 10 court days after charges are reinstated after competency hearings. 		Criminal Law and Procedure 1DCA/2 Jan. 3, 2018
Apelt v. Ryan
District court's order granting habeas petition for ineffective counsel over state court's finding of no prejudice vacated where state court's finding is not unreasonable. 		Criminal Law and Procedure 9th Jan. 2, 2018
Modification: People v. Sandoval
A criminal protective order must be reasonable and narrowly tailored while still protecting the victim. 		Criminal Law and Procedure 4DCA/1 Jan. 2, 2018
Hernandez v. Chappell
A defendant in a first degree murder trial is prejudiced by ineffective counsel where evidence of mental impairment exists in the record and such impairment is not investigated and presented as a defense. 		Criminal Law and Procedure 9th Jan. 2, 2018
People v. Hicks
Upon retrial of a second degree murder charge after conviction for a lesser related offense, a trial court errs if it instructs the retrial jury as to the fact of the previous jury's specific conviction. 		Criminal Law and Procedure 2DCA/5 Dec. 29, 2017
People v. Frierson
State must prove beyond reasonable doubt that petitioner is ineligible for Three Strike Reform Act resentencing. 		Criminal Law and Procedure 2DCA/4 Dec. 29, 2017
People v. The North River Insurance Co. and Bad Boys Bail Bonds
Motion for vacatur filed after 180-day extension of initial appearance period is untimely. 		Criminal Law and Procedure 2DCA/2 Dec. 22, 2017
People v. Gallardo
A trial court's determination beyond a jury's findings about a defendant's prior conviction violates the Sixth Amendment. 		Criminal Law and Procedure 2DCA/6 Dec. 22, 2017
People v. Sanchez
Where procedures to identify active gang members covered by anti-gang injunction are 'neither objective nor particularly reliable,' due process concerns militate on side of defendant charged with violating injunction. 		Criminal Law and Procedure 5DCA Dec. 21, 2017
People v. Perez
Shooter's validated membership in gang is not sufficient, without more, to establish gang enhancement. 		Criminal Law and Procedure 3DCA Dec. 20, 2017
U.S. v. Wells
Expert testimony providing profile of person likely to commit crime charged, so as to compare profile to defendant's character, is inherently prejudicial, requires reversal of murder conviction. 		Criminal Law and Procedure 9th Dec. 20, 2017
People v. Ricci
Felony conviction does not disqualify defendant from seeking dismissal of misdemeanor convictions in same case under Penal Code Section 1203.4a. 		Criminal Law and Procedure 1DCA/5 Dec. 18, 2017
U.S. v. Jones
Denial of motion to vacate, set aside, or correct sentence reversed where Arizona armed robbery is not violent crime under Armed Career Criminal Act’s force and enumerated felonies clause. 		Criminal Law and Procedure 9th Dec. 18, 2017
People v. Richards
Judgment reversed and remanded where court prejudicially errs in failing to instruct jury on lesser included offense. 		Criminal Law and Procedure 2DCA/1 Dec. 18, 2017
Modification: People v. Watts
Under 'Davis' a trial court must independently evaluate evidence when hearing a new trial motion. 		Criminal Law and Procedure 2DCA/1 Dec. 15, 2017
People v. Tennard
Defendant with two prior strikes and nonstrike domestic violence conviction receives indeterminate 25-year-to-life term where prior forcible rape conviction requires indeterminate life term. 		Criminal Law and Procedure 4DCA/2 Dec. 15, 2017
People v. Stanley
Suppression motion erroneously granted where sheriff's detention of bus passenger fitting description of man suspected of committing lewd act on child was reasonable. 		Criminal Law and Procedure 6DCA Dec. 14, 2017
People v. Race
Criminal protective order properly issued as to defendant's daughter even though he only pleaded no contest to lewd and lascivious acts involving his niece. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2017
U.S. v. Gutierrez
Conviction for brandishing firearm during crime of violence valid where predicate offense, carjacking, categorically qualifies as crime of violence. 		Criminal Law and Procedure 9th Dec. 13, 2017
Arazola-Galea v. U.S.
Application for authorization to file second or successive habeas petition based on Supreme Court's 'Mathis' ruling denied where 'Mathis' merely clarified existing rules. 		Criminal Law and Procedure 9th Dec. 13, 2017
People v. Rubino
Argument challenging CALCRIM No. 1520 for its alleged failure to instruct on 'specific intent' fails on appeal where the instruction includes specific intent. 		Criminal Law and Procedure 6DCA Dec. 13, 2017
Jackson v. Superior Court (People)
A defendant's release following a three-year involuntary commitment under Penal Code Section 1370 is not a categorical bar to new proceedings. 		Criminal Law and Procedure CASC Dec. 12, 2017
People v. Rices
In automatic appeal from judgment of death, trial counsel's allegedly conflicted representation does not warrant reversal of murder convictions relating to liquor store robbery. 		Criminal Law and Procedure CASC Dec. 12, 2017
People v. Nguyen
Pleading a prior serious felony conviction and three strikes law, without citing an enhancement statute, it is a prosecutor's 'discretionary charging decision' for sentencing purposes. 		Criminal Law and Procedure 4DCA/2 Dec. 12, 2017
People v. Shaw
Foil-lined bag used in stealing merchandise not considered 'burglary tool' within meaning of Penal Code warranting reversal of conviction for possession of burglary tools. 		Criminal Law and Procedure 1DCA/1 Dec. 11, 2017
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