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People v. Escobedo
Trial court's order was nonappealable when it lacked jurisdiction to adjudicate petitions to strike prior prison term enhancements pursuant to Section 667.5(b). 		Criminal Law and Procedure 2DCA/6 Sep. 13, 2023
People v. Narro
Victims of defendant's sexual offenses were entitled to noneconomic damages to replace beds and living room furniture that reminded them of the sexual acts based on the psychological trauma suffered. 		Criminal Law and Procedure 4DCA/2 Sep. 11, 2023
People v. Aranda
Although peremptory challenges to prospective jurors for an expressed distrust of law enforcement were presumptively invalid by statute, the same was not true of challenges for cause for the same reasons. 		Criminal Law and Procedure 4DCA/3 Sep. 11, 2023
People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. 		Criminal Law and Procedure 3DCA Sep. 7, 2023
People v. Lashon
Defendant's California Racial Justice Act claim of implicit racial bias by the trial judge was forfeited because she did not file the claim with the trial court and instead raised the claim for the first time on appeal. 		Criminal Law and Procedure 1DCA/3 Sep. 6, 2023
People v. Harrell
Military veteran serving stipulated sentence was not categorically ineligible for resentencing based on service-related disorders merely because he was serving a stipulated sentence. 		Criminal Law and Procedure 4DCA/2 Sep. 6, 2023
Finley v. Superior Court (People)
Trial court improperly adjudicated Racial Justice Act violation; weighing evidence instead of just determining whether defendant made a prima facie showing. 		Criminal Law and Procedure 1DCA/4 Sep. 5, 2023
People v. Njoku
Appellate court was entitled to defer to factual findings on the record in concluding that defendant was not entitled to felony murder resentecing. 		Criminal Law and Procedure 3DCA Sep. 5, 2023
People v. Doron
Remand was appropriate for trial court to reconsider motion for pretrial mental health diversion considering new, retroactive legislative presumption that defendant's mental disorder was a significant factor in his crimes. 		Criminal Law and Procedure 4DCA/1 Sep. 5, 2023
People v. Rojas
Penal Code Section 1172.6 provides sentencing courts with discretion to impose parole regardless of excess custody credits. 		Criminal Law and Procedure 2DCA/4 Sep. 5, 2023
U.S. v. Torres-Giles
District court did not err in sentencing defendant to a longer term than his non-binding Type B plea agreement because they appraised him of the agreement's nature. 		Criminal Law and Procedure 9th Sep. 1, 2023
Camacho v. Superior Court (People)
Sexually violent predator's due process rights were not violated despite waiting since 2006 for recomittment trial because the delay was attributable mostly to him or his counsel. 		Criminal Law and Procedure CASC Sep. 1, 2023
Modification: People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 31, 2023
Dept. of Corrections & Rehabilitation v. Superior Court (Escobedo)
Trial court lacked authority to release lifetime parolee on probation after finding that he committed a new criminal offense and should have remanded him to the Department of Corrections and Rehabilitation. 		Criminal Law and Procedure 1DCA/3 Aug. 29, 2023
People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action. 		Criminal Law and Procedure 6DCA Aug. 29, 2023
U.S. v. Pepe
District court did not err in disallowing certain jury instructions regarding defendant's overseas travel to commit sexual acts on children. 		Criminal Law and Procedure 9th Aug. 29, 2023
U.S. v. Taylor
District court did not unconstitutionally delegate its judicial authority by ordering probation officer to supervise defendant's progress in inpatient treatment and grating officer discretion to reduce but not increase duration of his treatment. 		Criminal Law and Procedure 9th Aug. 28, 2023
Burgos v. Madden
Because Confrontation Clause violation did not substantially compromise jury verdict, habeas relief was unavailable. 		Criminal Law and Procedure 9th Aug. 28, 2023
U.S. v. Estrada
District court had jurisdiction over revocation proceedings where the defendant had been on supervised release and had violated its conditions regardless of whether the underlying supervision sentence was lawful. 		Criminal Law and Procedure 9th Aug. 25, 2023
People v. The North River Insurance Co.
Forfeiture of bail bond was not appropriate where bail company located the defendant in Mexico but prosecutors failed to make an extradition decision before end of appearance period. 		Criminal Law and Procedure 2DCA/8 Aug. 22, 2023
People v. Mumin
The concurrent intent (or "kill zone") attempted murder instruction should only be given where there is substantial evidence that supports that defendant intended to kill everyone within a "kill zone." 		Criminal Law and Procedure CASC Aug. 18, 2023
People v. Meza
Order 		Criminal Law and Procedure CASC Aug. 18, 2023
Torres v. Superior Court (People)
Petitioner's Section 170.6 challenge to the judge was properly denied as untimely because her felony murder request for resentencing on remand did not constitute a "new trial." 		Criminal Law and Procedure 3DCA Aug. 17, 2023
People v. Superior Court (Mitchell)
Prosecutors may appeal a trial court's postpreliminary hearing, pretrial order reducing a felony "wobbler" to a misdemeanor because the trial court lacks authority to reduce the charge at that time. 		Criminal Law and Procedure 2DCA/6 Aug. 17, 2023
U.S. v. Eckford
Aiding and abetting an armed robbery under the Hobbs Act is a "crime of violence" that includes a mandatory minimum sentence for using a firearm. 		Criminal Law and Procedure 9th Aug. 16, 2023
U.S. v. Sadler
The provisions and commentary of the U.S. Sentencing Guidelines do not create a right to collaterally attack prior convictions used for sentence enhancement. 		Criminal Law and Procedure 9th Aug. 16, 2023
People v. Gray
A "spontaneous statement" (the hearsay exception) does not automatically satisfy a probationer's due process right of confrontation nor is automatically admissible at a probation revocation hearing. 		Criminal Law and Procedure CASC Aug. 15, 2023
Dorsey v. U.S.
A conviction for witness tampering by attempting to kill necessarily entails an element of using physical force and thus constitutes a "crime of violence". 		Criminal Law and Procedure 9th Aug. 14, 2023
U.S. v. Alahmedalabdaloklah
Statute criminalizing destruction of U.S. government property overcame presumption against extraterritoriality because it criminalized conduct directly harming the government and had foreseeable extraterritorial applications at the time it was passed. 		Criminal Law and Procedure 9th Aug. 10, 2023
People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 9, 2023
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