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People v. Gaines
Stepping out of a vehicle and discharging a firearm falls under discharging a firearm from a vehicle. 		Criminal Law and Procedure 5DCA Jul. 7, 2023
U.S. v. Roper
District courts' discretion in resentencing cases includes the ability to consider decisional changes in the law to determine whether extraordinary and compelling reasons for granting relief exist. 		Criminal Law and Procedure 9th Jul. 7, 2023
People v. Jackson
Assembly Bill No. 1950 applied retroactively to reduce probation term and prevented alleged violations occurring more than two years after term began from serving as basis for revoking probation. 		Criminal Law and Procedure 1DCA/4 Jul. 7, 2023
People v. Newell
Senate Bill No. 483 resentencing pursuant to Penal Code Section 1172.74(b) must be initiated by the Department of Corrections and Rehabilitation, not the prisoner. 		Criminal Law and Procedure 2DCA/6 Jul. 7, 2023
People v. Hernandez
Defendant's motion to withdraw a plea should have been brought in the county where he was prosecuted and sentenced, not where he lived during probation. 		Criminal Law and Procedure 2DCA/8 Jul. 6, 2023
Price v. Superior Court (People)
Where first stage of Google's production protocol for executing geofence warrant narrowly identified time and location, that the succeeding stages allowed officer more discretion was immaterial for Fourth Amendment analysis. 		Criminal Law and Procedure 4DCA/2 Jul. 6, 2023
People v. Hilburn
Trial court appropriately imposed middle term in sentencing, despite mitigating circumstances. 		Criminal Law and Procedure 4DCA/1 Jul. 6, 2023
People v. Campbell
Intent to kill finding does not preclude relief as a matter of law for defendants seeking resentencing based on felony murder amendments. 		Criminal Law and Procedure 1DCA/2 Jul. 5, 2023
Amended Opinion: U.S. v. Orozco-Barron
Amended_opinion 		Criminal Law and Procedure 9th Jul. 5, 2023
People v. Curiel
Vacatur of noncitizen's convictions pursuant to no contest plea was appropriate where she demonstrated she did not meaningfully understand the consequences of her plea due to incomplete legal counsel. 		Criminal Law and Procedure 2DCA/8 Jul. 3, 2023
People v. Fletcher
Assembly Bill 333 does not require reversing serious felony and strike priors based on violations involving criminal street gangs. 		Criminal Law and Procedure 4DCA/2 Jul. 3, 2023
People v. Achane
Unauthorized sentence exception to forfeiture doctrine was inapplicable where the allegedly unauthorized sentence could have legally been imposed and the alleged error was not a pure question of law. 		Criminal Law and Procedure 1DCA/2 Jun. 30, 2023
People v. Reyes
Trial court's insufficient analysis of implied malice murder constituted reversible error. 		Criminal Law and Procedure CASC Jun. 30, 2023
People v. Codinha
Trial court's correction of a concurrent term to a legally mandated consecutive term was upheld because courts may correct a void judgment whenever it is brought to their attention. 		Criminal Law and Procedure 4DCA/1 Jun. 28, 2023
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 Jun. 28, 2023
Counterman v. Colorado
Although criminal liability for true-threats case required some subjective understanding on the defendant's part of his statements' threatening nature, the First Amendment required no more than a showing of recklessness. 		Criminal Law and Procedure USSC Jun. 28, 2023
U.S. v. Castro
Partner or family member assault (PFMA) was not a crime of violence under the U.S. Sentencing Guidelines because the definition of "bodily injury" incorporated into PFMA includes more than the "use of physical force." 		Criminal Law and Procedure 9th Jun. 28, 2023
Yedinak v. Superior Court (People)
Writ of mandate was issued where pretrial detention order denied bail without clear and convincing evidence that the defendant's release was likely to result in great bodily harm to others. 		Criminal Law and Procedure 4DCA/2 Jun. 27, 2023
People v. Prudholme
Assembly Bill 1950 reduced the probation period of Defendant's plea agreement for second degree robbery but did not affect the rest of the agreement. 		Criminal Law and Procedure CASC Jun. 27, 2023
Samia v. U.S.
Admission of driver's confession in joint murder-for-hire trial did not violate the shooter's Confrontation Clause rights because it was altered to include neutral references to some "other person." 		Criminal Law and Procedure USSC Jun. 26, 2023
People v. Lewis
Force element required for kidnapping with intent to rape was relaxed to the level applied in child kidnapping cases because the intoxicated adult victim could not consent to being moved. 		Criminal Law and Procedure CASC Jun. 23, 2023
U.S. v. Hollins
Guilty plea underlying defendant's appellate waiver was knowing and voluntary despite the fact the defendant was not informed of the potential collateral consequences of his plea. 		Criminal Law and Procedure 9th Jun. 21, 2023
People v. Tilley
Trial court properly imposed the middle term on defendant with mental health issues for a prior serious strike where the defendant failed to object to the imposition of the sentence. 		Criminal Law and Procedure 3DCA Jun. 21, 2023
People v. Farias
Trial court's silence at the sentencing hearing on strike allegations for defendants' prior serious felonies meant the allegations were assumed to be untrue. 		Criminal Law and Procedure 3DCA Jun. 19, 2023
Rodas-Gramajo v. Superior Court (People)
Order granting prosecution a new preliminary hearing to proffer additional evidence for a gang enhancement was not an abuse of discretion where the omissions were minor and due to the new law. 		Criminal Law and Procedure 1DCA/3 Jun. 19, 2023
Lora v. U.S.
Sentence for conviction under 18 U.S.C. Section 924(j) not governed by consecutive-sentence mandate contained in 18 U.S.C. Subsection 924(c) despite former's reference to the latter with respect to offense elements. 		Criminal Law and Procedure USSC Jun. 19, 2023
People v. Ocegueda
Defendant's first degree murder conviction was affirmed where nothing in the record indicated that the jury was improperly instructed regarding when the objective standard for provocation should be applied. 		Criminal Law and Procedure 4DCA/3 Jun. 16, 2023
Smith v. U.S.
The Constitution permits the retrial of a defendant following vacatur for a trial in an improper venue conducted before a jury drawn from the wrong district. 		Criminal Law and Procedure USSC Jun. 16, 2023
Modification: People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 15, 2023
U.S. v. Lucas
Finding that defendant's firearm could accept a large capacity magazine, which subjected him to a sentence enhancement with an extremely disproportionate impact, was not supported by clear and convincing evidence. 		Criminal Law and Procedure 9th Jun. 15, 2023
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