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People v. Waqa
Evidence that was insufficient to support defendant's enhanced sentence for aggravated kidnapping was still sufficient to support an enhanced sentence for the lesser included offense of simple kidnapping. 		Criminal Law and Procedure 1DCA/1 Jun. 15, 2023
U.S. v. Alaniz
Sentencing enhancement for possessing a firearm during the commission of felony offense was constitutional because it was consistent with this Nation's historical tradition of regulating the right to bear arms. 		Criminal Law and Procedure 9th Jun. 14, 2023
Ybarra v. Gittere
Defendant sentenced to die was not intellectually disabled because the IQ evidence portrayed him as someone with intelligence that was not significantly subaverage. 		Criminal Law and Procedure 9th Jun. 12, 2023
Modification: Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 9, 2023
People v. Wilson
Defendant's murder conviction under the felony-murder theory was upheld under the amended rule because evidence of his kidnapping and torture of the victim showed he acted with reckless indifference to human life. 		Criminal Law and Procedure CASC Jun. 9, 2023
U.S. v. Estrella
A law enforcement officer must have probable cause to believe that a person is on active parole before conducting a suspicionless search or seizure pursuant to a parole condition, but need not be absolutely certain. 		Criminal Law and Procedure 9th Jun. 7, 2023
People v. Braden
Pretrial diversion for defendants with qualifying mental disorders must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. 		Criminal Law and Procedure CASC Jun. 6, 2023
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. 6, 2023
People v. Hodges
Order denying defendant-appellant's motion to vacate his sentence filed twenty years after entry of judgment was not appealable because the trial court could not grant the requested relief. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2023
Modification: People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed. 		Criminal Law and Procedure 4DCA/3 Jun. 5, 2023
People v. Cody
Defendant was still guilty under the amended felony-murder rule because he was intimately involved in all stages of the burglary that resulted in the victim's death. 		Criminal Law and Procedure 4DCA/3 Jun. 2, 2023
Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 1, 2023
U.S. v. Castillo
District court improperly relied on the commentary of an unambiguous sentencing guideline and thus increased defendant's sentencing range by erroneously classifying his conspiracy conviction as a "controlled substance offense." 		Criminal Law and Procedure 9th Jun. 1, 2023
Dickey v. Davis
Federal habeas petitioner granted relief from death penalty because prosecutor's conduct in deliberately eliciting and then failing to correct key witness' false testimony was a *Napue* violation. 		Criminal Law and Procedure 9th Jun. 1, 2023
Nationwide Insurance Company of America v. Tipton
Insurance fraudsters' criminal restitution orders were properly converted into civil judgments by trial court pursuant to Penal Code Section 1214(b). 		Criminal Law and Procedure 3DCA May 31, 2023
U.S. v. Walker
Speedy trial right not violated by lengthy delays due to COVID-19 pandemic where the district court found holding trial safely was exceedingly difficult and delay served the ends of justice. 		Criminal Law and Procedure 9th May 31, 2023
U.S. v. Boam
District court did not err in determining that a reasonable jury could find that defendant's videos of his minor stepdaughter met the requirement of "sexually explicit conduct." 		Criminal Law and Procedure 9th May 31, 2023
In re Van Houten
Board of Parole's decision granting parole was reinstated where governor's reasoning for reversal of the decision was not supported by any evidence in the record. 		Criminal Law and Procedure 2DCA/1 May 31, 2023
McKneely v. Superior Court (People)
Penal Code statute requiring report from a health profession to overturn a certification of mental competence to stand trial did not impair the court's core functions. 		Criminal Law and Procedure 1DCA/2 May 30, 2023
People v. Scott
Because defendant's prior conviction was a "strike" on the date of the conviction, subsequent legislative amendments to the definition of gang activity did not alter its "strike" status. 		Criminal Law and Procedure 4DCA/2 May 26, 2023
People v. Cooper
Jury instruction that did not include new requirements for proving "a pattern of gang activity" was not a harmless error because the instruction given directly contradicted the new requirements. 		Criminal Law and Procedure CASC May 26, 2023
People v. Catarino
Because Penal Code Section 667.6(d) falls within the rationale of *Oregon v. Ice*, trial court's imposition of separate, consecutive sentences did not violate Sixth Amendment. 		Criminal Law and Procedure CASC May 26, 2023
Kelsey v. Garrett
Criminal defendant was entitled to relief for ineffective assistance of counsel where his attorney waived closing argument at trial based on unreasonable and unsupported strategic assessment. 		Criminal Law and Procedure 9th May 25, 2023
Waidla v. Davis
Writ of habeas corpus awarded by district court affirmed because California Supreme Court unreasonably applied *Strickland v. Washington* with ineffective assistance of counsel claim. 		Criminal Law and Procedure 9th May 24, 2023
Melville v. Shinn
One-year statute of limitations for petitioner's federal habeas relief began to run after his extension to file a state motion for reconsideration expired because the state avenue for relief had closed. 		Criminal Law and Procedure 9th May 24, 2023
People v. Govan
Penal Code Section 667.61 did not negate the court's newly acquired discretion to stay a sentence for a one-strike offender because it only prohibited placing an one-strike offender on probation. 		Criminal Law and Procedure 2DCA/7 May 23, 2023
People v. Jaime
Failure to apply new statutory framework for analyzing the constitutional validity of preemptory challenges to prospective jurors where a prospective juror was challenged for presumptively invalid reasons was prejudicial error. 		Criminal Law and Procedure 3DCA May 22, 2023
People v. Middleton
Specific intent about a minor's age is not a necessary element of attempted human trafficking of a minor. 		Criminal Law and Procedure 2DCA/7 May 19, 2023
People v. Lepere
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed. 		Criminal Law and Procedure 4DCA/3 May 18, 2023
People v. Alexander
Convicted felon's challenge to constitutionality of statutes prohibiting the possession of firearms and ammunition by felons failed because the Second Amendment did not apply to the rights of non-law-abiding citizens. 		Criminal Law and Procedure 4DCA/2 May 15, 2023
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