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Name Category Published
People v. Cabalar
Trial court abused its discretion in denying mental health diversion when defendant met all statutory criteria, and there was no evidence supporting defendant was a risk to public safety.
Criminal Law and Procedure 4DCA/3 Dec. 18, 2025
Benavides v. Superior Court (People)
Penal Code section 859b required dismissal of criminal complaint when preliminary hearing was continued beyond statutory period without good cause and defendant actually remained in custody beyond that period.
Criminal Law and Procedure 2DCA/5 Dec. 18, 2025
In re Thai
Limiting types of prison conduct credits available to advance youth parole eligibility date while allowing non-youthful offenders to utilize other types of credits did not violate equal protection.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Dec. 18, 2025
Kuhnel v. Appellate Division
Because petitioner's probation expired by operation of law due to ameliorative, retroactive legislation before the trial court summarily revoked it, the court lacked jurisdiction to adjudicate alleged probation violation.
Criminal Law and Procedure 1DCA/3 Dec. 18, 2025
People v. Ismaiel
Trial court's incorrect instruction that defendant's alleged mistake of fact (as to minor's age) had to be reasonable was prejudicial, as a juror could have found defendant's testimony of mistake credible.
Criminal Law and Procedure 1DCA/5 Dec. 17, 2025
People v. Crenshaw
Because assault weapons fall outside the Nation's historical tradition of constitutionally protected firearms, prohibiting their possession does not violate the United States Constitution.
Criminal Law and Procedure, Constitutional Law 1DCA/5 Dec. 16, 2025
In re Riley
Trial court abused its discretion by terminating criminal defendant from work release program despite finding no willful violation and without adequately inquiring into whether she remained fit for it.
Criminal Law and Procedure 1DCA/3 Dec. 16, 2025
People v. Shaw
Under Three Strikes law, where defendant's two manslaughter convictions arose from a single criminal act, trial and appellate court erred by treating the convictions as separate strikes solely due to multiple victims.
Criminal Law and Procedure CASC Dec. 16, 2025
People v. Kinnear
Trial court erred by imposing upper term and second-strike sentence after accepting defendant's stipulation without advising him of his constitutional rights or eliciting a knowing and voluntary waiver.
Criminal Law and Procedure 2DCA/7 Dec. 12, 2025
People v. Harrison
Defendant's resentencing petition for mitigation due to military service-related conditions failed because his conviction was for a statutorily excluded super-strike offense rendering him categorically ineligible.
Criminal Law and Procedure 1DCA/4 Dec. 12, 2025
U.S. v. Kittson
Illegal transfer of a machinegun to undercover government agent did not qualify for the exemption for transferring machineguns to the United States government.
Criminal Law and Procedure 9th Dec. 11, 2025
People v. Grandberry
Petitioner was ineligible for resentencing under Penal Code section 1172.6 because he was a major participant in felonies underlying a murder and acted with reckless indifference to human life.
Criminal Law and Procedure 2DCA/3 Dec. 10, 2025
People v. Cain
Because Penal Code section 1509 makes habeas corpus the exclusive vehicle for attacking death judgments, invoking section 1172.75 to reopen a final death sentence was an impermissible collateral attack.
Criminal Law and Procedure 2DCA/6 Dec. 10, 2025
People v. S.H.
Because defendant's child-pornography offense was not a "direct result" of sexual violence, Penal Code section 236.15 relief was unavailable.
Criminal Law and Procedure 4DCA/2 Dec. 10, 2025
People v. Frederickson
Resentencing first-degree murder conviction--thereby eliminating special circumstance that attached only to first-degree murders--did not run afoul of Penal Code section 1385.1, which prohibits judges from striking special circumstances.
Criminal Law and Procedure 4DCA/3 Dec. 9, 2025
Modification: In re Mattison
Penal Code section 1465.9(d)'s 10-year limit on restitution fines does not trigger the full resentencing rule when vacating that portion of a judgment.
Criminal Law and Procedure 4DCA/2 Dec. 9, 2025
Lee v. Superior Court (People)
Dismissal was required where preliminary hearing on amended complaint was set outside the statutory 60-day period and defendant's limited time waiver--despite defendant's general time waiver under the original complaint.
Criminal Law and Procedure 5DCA Dec. 5, 2025
People v. Holliday
Defendant failed to show eligibility for military pretrial diversion despite relatively low burden of proof because he offered no admissible evidence of his eligibility.
Criminal Law and Procedure 3DCA Dec. 4, 2025
People v. Dozier
Penal Code section 1172.75(d)(4) constitutionally permitted reimposition of defendant's pre-2007 upper-term enhancement despite the absence of jury-found aggravating facts.
Criminal Law and Procedure 2DCA/7 Dec. 4, 2025
People v. Seigler
Trial court abused its discretion in denying trial continuance for defendant's mental health evaluation.
Criminal Law and Procedure 1DCA/2 Dec. 3, 2025
U.S. v. Dencklau
Federal indictment alleging the mandatory elements of a Violent Crimes in Aid of Racketeering offense was sufficient even though it did not allege the elements of the underlying state offenses.
Criminal Law and Procedure 9th Nov. 25, 2025
People v. Woodward
Trial court's downgrading of felony child pornography possession conviction to misdemeanor did not "de facto" reduce his later conviction for failure to register change of address to a misdemeanor.
Criminal Law and Procedure 6DCA Dec. 1, 2025
People v. Gallardo
Assault with intent to commit rape is not a lesser included offense of rape of an unconscious person because the latter does not require the jury to find the defendant intended to use force.
Criminal Law and Procedure 4DCA/1 Dec. 1, 2025
People v. The North River Ins. Co. (Bad Boys Bail Bonds)
Because appearance periods may be extended for good cause, trial court had authority to grant a good-cause continuance allowing prosecutors to decide whether to extradite fugitive.
Criminal Law and Procedure 2DCA/8 Nov. 26, 2025
Modification: People v. Cervantes
Trial court had inherent authority to correct unauthorized sentence and erred in ruling it lacked jurisdiction to do so.
Criminal Law and Procedure 2DCA/6 Nov. 26, 2025
People v. Murphy
Trial court erred by relying on defendant's nonpayment of restitution fine when denying her request for expungement and reduction.
Criminal Law and Procedure 1DCA/3 Nov. 25, 2025
Pitts v. Mississippi
Sixth Amendment's face-to-face confrontation right required case-specific findings that screening child witness from defendant in sexual assault case was necessary despite state statute mandating screens in such cases.
Criminal Law and Procedure USSC Nov. 25, 2025
People v. NavaAdame
Failure to advise a suspect of his rights when voluntary interrogation shifted from non-custodial to custodial meant the suspect's confession was inadmissible at trial.
Criminal Law and Procedure 4DCA/3 Nov. 19, 2025
U.S. v. Hutton
Stepfather's clandestine recording of stepdaughter showering violated exploitation of minors law because statute's broad definition required no causal connection between perpetrator's act and victim's actions.
Criminal Law and Procedure 9th Nov. 18, 2025
U.S. v. Allen
Trial court did not abuse its discretion where it dismissed case without prejudice for Speedy Trial Act violation that was merely technical, resulting from improperly documented reasoning for continuance.
Criminal Law and Procedure 9th Nov. 18, 2025