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U.S. v. Dadyan
The court remanded to amend judgment to reflect that defendant's restitution obligation was joint and several with his co-conspirators because the judgment did not reflect the district court's findings that supported such liability. 		Criminal Law and Procedure 9th Aug. 8, 2023
U.S. v. Ayvazyan
District court did not err when it ordered defendant to pay restitution under the Mandatory Victims Restitution Act that exceeded the amount of loss it calculated when applying sentencing guidelines. 		Criminal Law and Procedure 9th Aug. 8, 2023
People v. Vaesau
A district attorney's felony resentencing request under Penal Code Section 1172.1 may be withdrawn if withdrawal is supported by a legitimate reason. 		Criminal Law and Procedure 1DCA/1 Aug. 7, 2023
People v. Del Rio
Resentencing based on redesignating the defendant's vacated murder conviction as a robbery without reasonable advance notice and opportunity to be heard violated his due process rights. 		Criminal Law and Procedure 4DCA/1 Aug. 4, 2023
Brown v. Atchley
Prisoner seeking fourth federal habeas petition did not run afoul of restriction against successive applications because his present claims were not ripe during previous petitions. 		Criminal Law and Procedure 9th Aug. 4, 2023
Modification: People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Aug. 3, 2023
U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. 		Criminal Law and Procedure 9th Aug. 3, 2023
U.S. v. Hougen
Congress has authority under the Thirteenth Amendment to pass 18 U.S.C. § 249(a)(1) which imposes criminal liability for bodily injury to another because of their race or religion. 		Criminal Law and Procedure 9th Aug. 2, 2023
People v. Gruis
Probation condition disallowing possession of any pornographic materials was unconstitutionally vague. 		Criminal Law and Procedure 1DCA/3 Aug. 2, 2023
People v. Suggs
Evidence uncovered during vehicle search should have been suppressed where the searching officer unconstitutionally prolonged the traffic stop after learning his reason for initiating the stop was invalid. 		Criminal Law and Procedure 3DCA Aug. 1, 2023
People v. Escobedo
Order denying freestanding petitions for resentencing was not appealable as an order affecting the petitioners' substantive rights as the trial court lacked jurisdiction to adjudicate the petitions. 		Criminal Law and Procedure 2DCA/6 Jul. 31, 2023
Modification: People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. 		Criminal Law and Procedure 1DCA/4 Jul. 31, 2023
Carpenter v. Superior Court (People)
Amendments to California's Reproductive Privacy Act did not immunize defendant from criminal prosecution for omissions and acts following home birth that resulted in baby's death. 		Criminal Law and Procedure 4DCA/1 Jul. 31, 2023
People v. Leal
Searching vehicle's trunk was unreasonable where it did not have independent probable cause even though it was preceded by a fruitless search of passenger compartment that was supported by probable cause. 		Criminal Law and Procedure 3DCA Jul. 27, 2023
Leeds v. Russell
Ineffective assistance of both trial counsel and post-conviction counsel entitled defendant to both excuse of procedural default and habeas relief. 		Criminal Law and Procedure 9th Jul. 27, 2023
People v. Lopez
Because first appellate remand was limited to resentencing, trial court did not have jurisdiction to reconsider gang enhancements despite appellant being entitled to ameliorative benefits of new legislative changes. 		Criminal Law and Procedure 4DCA/2 Jul. 26, 2023
Estrada v. Superior Court (People)
A Penal Code Section 1172.6 resentencing hearing was not a "new trial" that could lead to disqualification of an assigned judge under Penal Code Section 170.6(a)(2). 		Criminal Law and Procedure 2DCA/4 Jul. 25, 2023
People v. Pickett
Court did not err in denying felony murder resentencing petition that alleged no facts denying that defendant was actually the killer. 		Criminal Law and Procedure 2DCA/1 Jul. 25, 2023
People v. Session
Police officer's informal knowledge that defendant was on parole was sufficient to legally place a tracker on defendant's car. 		Criminal Law and Procedure 4DCA/3 Jul. 21, 2023
People v. Carney
The Court did not articulate a new theory of first degree murder proximate causation when it used the phrase "substantial concurrent cause" in *People v. Sanchez*. 		Criminal Law and Procedure CASC Jul. 21, 2023
People. v. Antonelli
Because provocative act murder requires a finding of malice, a defendant convicted of provocative act murder is ineligible for resentencing based on changes to the felony murder doctrine. 		Criminal Law and Procedure 2DCA/6 Jul. 20, 2023
People v. Sloan
Allowing testimony from expert retained by the district attorney during trial under the Sexually Violent Predators Act was error because only the defendant may retain testifying experts under the Act. 		Criminal Law and Procedure 3DCA Jul. 19, 2023
People v. Marquez
*People v. Arbuckle* does not require the same judge who accepted defendant's guilty plea and sentenced her to prison also determine amount of victim restitution to be awarded. 		Criminal Law and Procedure 4DCA/1 Jul. 19, 2023
P. v. Gyorgy
Police officer unreasonably prolonged a traffic stop by spending almost none of the 12-minute stop investigating the traffic infraction. 		Criminal Law and Procedure 4DCA/3 Jul. 18, 2023
Modification: People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements. 		Criminal Law and Procedure 5DCA Jul. 17, 2023
People v. Kimble
Trial court did not err in refusing to resentence appellant-defendant as a second strike offender under the Reform Act as part of his resentencing pursuant to Section 1172.75. 		Criminal Law and Procedure 3DCA Jul. 17, 2023
People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. 		Criminal Law and Procedure 1DCA/4 Jul. 14, 2023
People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Jul. 12, 2023
People v. Arnold
Trial court's conclusion that defendant stabbed the victim improperly contradicted jury's prior finding regarding knife-related sentencing enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 12, 2023
People v. Madrigal
Court's failure to instruct on amended felony murder rule was not harmless because a juror could have reasonable doubts that defendant was a major participant in the murder. 		Criminal Law and Procedure 6DCA Jul. 10, 2023
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