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Name Category Published
People v. Hollywood
Defendant who ordered the murder of a 15-year-old was ineligible for Penal Code Section 1172.6 resentencing because he intentionally planned the killing. 		Criminal Law and Procedure 2DCA/6 Mar. 1, 2024
Persiani v. Superior Court (People)
Trial courts have authority to order treatment via mental health diversion for mentally incompetent misdemeanor defendants charged with driving under the influence. 		Criminal Law and Procedure 4DCA/3 Mar. 1, 2024
People v. Robinson
Evidence Code Section 1109 allowed admittance of defendant's prior domestic violence conviction through a certified record of conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 29, 2024
Amended Opinion: 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 Feb. 29, 2024
People v. Gaillard
Defendant's guilty plea of aiding and abetting voluntary manslaughter did not conclusively render him ineligible for relief under Penal Code Section 1172.6. 		Criminal Law and Procedure 4DCA/1 Feb. 28, 2024
People v. Patterson
Redesignating felony murder conviction as burglary conviction was improper where the trial record indicated that robbery had been the felony underlying the murder conviction. 		Criminal Law and Procedure 5DCA Feb. 28, 2024
People v. Lopez
Criminal defendant ineligible for resentencing where he directly aided and abetted the actual shooter resulting in the death of unintended victim because the doctrine of transferred intent remained intact. 		Criminal Law and Procedure 5DCA Feb. 28, 2024
People v. Pittman
It was not an abuse of discretion for a trial court to rely on victim estimates when determining the appropriate amount of a restitution order. 		Criminal Law and Procedure 1DCA/4 Feb. 28, 2024
People v. Mares
Defendant failed to make a prima facie showing that he was eligible for Penal Code Section 1172.6 relief because the record showed he was the sole killer and not an accomplice. 		Criminal Law and Procedure 4DCA/2 Feb. 27, 2024
People v. Rios
Officer's testimony regarding laser narcotics identification test should have been excluded because it was based on new scientific technique, and prosecution failed to establish its general acceptance among scientific community. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
People v. McDowell
Elevated sentence was not error under Senate Bill 81 where the sentence was imposed pursuant to an alternative punishment provision for aggravated circumstances of underlying felony rather than an enhancement. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
Modification: People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. 		Criminal Law and Procedure 2DCA/2 Feb. 26, 2024
People v. Clark
Proving a "pattern of criminal gang activity" following Assembly Bill 333's amendments requires a nexus between the two predicate offenses to a gang as an organized, collective enterprise. 		Criminal Law and Procedure CASC Feb. 23, 2024
People v. Hall
Because defendant's actions after fleeing from mental health diversion program met statutory definition of criminal conduct, trial court did not err in reinstating his criminal proceedings. 		Criminal Law and Procedure 2DCA/1 Feb. 23, 2024
McElrath v. Georgia
Verdict of "not guilty by reason of insanity" constituted an acquittal for double jeopardy purposes notwithstanding jury's inconsistent verdicts. 		Criminal Law and Procedure USSC Feb. 22, 2024
People v. Garcia
Trial court's decision authorizing hospital to involuntarily administer antipsychotic medication to plaintiff was substantially supported by the evidence. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2024
People v. Kim
Officers' false statements in police reports regarding hitting a fleeing suspect with their car were "material" since a reasonable person would deem them an important part of the reports. 		Criminal Law and Procedure 2DCA/5 Feb. 21, 2024
People v. Yeager-Reiman
Because plaintiff's prosecution for defrauding veteran's program was not preempted by federal regulations, trial court had jurisdiction over his case. 		Criminal Law and Procedure 2DCA/5 Feb. 21, 2024
People v. Rouston
Defendant's conviction reversed where trial court committed prejudicial evidentiary error in allowing detective's opinion that was based on witness's testimony. 		Criminal Law and Procedure 4DCA/1 Feb. 21, 2024
Bonds v. Superior Court (People)
Trial court erred by not considering abundant evidence of police officer's implicit bias in defendant's Racial Justice Act claim. 		Criminal Law and Procedure 4DCA/1 Feb. 16, 2024
Modification: People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day. 		Criminal Law and Procedure 4DCA/1 Feb. 16, 2024
U.S. v. Parkins
Consent-based search was invalid where defendant, in the presence of the police, told his girlfriend not to let the police enter his apartment. 		Criminal Law and Procedure 9th Feb. 15, 2024
People v. Kimble
Senate Bill 483 did not require trial court to resentence defendant who had been previously denied resentencing under the Three Strikes Reform Act. 		Criminal Law and Procedure 3DCA Feb. 13, 2024
Modification: Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans. 		Criminal Law and Procedure 4DCA/2 Feb. 13, 2024
Modification: People v. Jimenez
Prosecutors could remove a prospective Latina juror via peremptory challenge because her repeated statements that she would have a difficult time being fair were unrelated to her race. 		Criminal Law and Procedure 4DCA/1 Feb. 8, 2024
M.A. v. B.F.
Plaintiff could not sue for domestic violence because the pair's "friends with benefits" sporadic sexual encounters did not qualify as a "dating relationship." 		Criminal Law and Procedure 4DCA/3 Feb. 7, 2024
People v. Jimenez
Prosecutors could remove a prospective Latina juror via peremptory challenge because her repeated statements that she would have a difficult time being fair were unrelated to her race. 		Criminal Law and Procedure 4DCA/1 Feb. 6, 2024
In re Vaquera
Defendant's due process rights were violated by prosecution's failure to provide notice of its election to seek an increased sentence under One Strike Law. 		Criminal Law and Procedure CASC Feb. 6, 2024
People v. Dean
During complete resentencing, only the defendant's actual time served should be recalculated for sentence-shortening credit purposes because post-sentencing conduct credits are the purview of the Department of Corrections and Rehabilitation. 		Criminal Law and Procedure 1DCA/4 Feb. 2, 2024
People v. Dain
Dismissal of prior conviction under Three Strikes sentencing scheme was an abuse of discretion where nothing about the defendant indicated he fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2024
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