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Ciminelli v. U.S.
Because the right to valuable economic information needed to make discretionary economic decisions is not a traditional property interest, the right-to-control theory cannot form the basis for a conviction under federal wire fraud statutes. 		Criminal Law and Procedure USSC May 12, 2023
People v. Hiller
Because defendant's prior Washington robbery conviction lacked element required for California robbery conviction, trial court erred in counting priors to apply Three Strikes law and enhancements. 		Criminal Law and Procedure 1DCA/3 May 11, 2023
People v. Sherman
Legislative changes to Penal Code Section 1170.91 denied resentencing to registered sex-offender defendant because the changes categorically disqualified his pending action. 		Criminal Law and Procedure 4DCA/1 May 10, 2023
People v. Montanez
Petitioner who actively participated in underlying robbery and sex crimes with knowledge of cohort's violent disposition without trying to mitigate that danger was a major participant for felony murder purposes. 		Criminal Law and Procedure 4DCA/1 May 9, 2023
Mendoza v. Superior Court (People)
Case was remanded to prove that alleged gang shooting was committed for the gang's benefit since the non-reputational benefit evidence was minor compared to the other preliminary hearing evidence. 		Criminal Law and Procedure 5DCA May 5, 2023
People v. Werntz
Mother's aiding and abetting second degree murder charge was valid even after changes to felony murder liability where she failed to protect her daughter from her husband who she knew was dangerous. 		Criminal Law and Procedure 4DCA/1 May 1, 2023
Modification: Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 28, 2023
People v. Fredrickson
Penal Code Section 1170(b)(6)(B)'s presumptive imposition of the lower sentencing term requires an initial showing that defendant's youth contributed to her crime. 		Criminal Law and Procedure 1DCA/5 Apr. 26, 2023
People v. Wilson
Despite jury's inability to reach verdicts on enhancements, trial court in resentencing proceeding was not precluded from finding defendant-petitioner was actual killer where substantial evidence supported the findings. 		Criminal Law and Procedure 1DCA/5 Apr. 25, 2023
People v. Fox
Despite entering plea agreement, criminal defendant was entitled to remand to seek resentencing relief where he was sentenced to the upper term without proof of aggravating circumstances. 		Criminal Law and Procedure 1DCA/1 Apr. 24, 2023
People v. Webb
In an assault context, although physical limitations may negate present ability to inflict injury, that was not the case where a one-legged defendant lunged at the victim from a close distance while armed with a knife. 		Criminal Law and Procedure 4DCA/1 Apr. 18, 2023
People v. Ramos
Evidence Code Section 352.2, which restricts the admission of certain forms of creative expression, was not retroactively applicable in murder case where defendant's rap videos were admitted. 		Criminal Law and Procedure 4DCA/1 Apr. 17, 2023
Barron v. Superior Court (People)
Merced District Attorney's third criminal complaint was dismissed under the two-dismissal rule where the second complaint was dismissed pursuant to an enumerated statute. 		Criminal Law and Procedure 5DCA Apr. 17, 2023
Amended Opinion: U.S. v. Michell
Court's plain error was not reversible because there was no reasonable probability that defendant was ignorant that he had been convicted of a crime punishable by longer than a year. 		Criminal Law and Procedure 9th Apr. 17, 2023
People v. Oliver
Defendant's petition to resentence his first degree murder conviction was denied since he was a major participant in the robbery that led to the death of a drug dealer. 		Criminal Law and Procedure 1DCA/1 Apr. 14, 2023
People v. Meza
A search warrant directing Google to identify individuals based on location history data failed probable cause and particularity requirements, although it still met *Leon* good faith exception and therefore was valid. 		Criminal Law and Procedure 2DCA/7 Apr. 14, 2023
People v. Thai
Requiring continued registration as a sex offender was an abuse of discretion where the prosecution presented no evidence that petitioner was currently a risk to the community. 		Criminal Law and Procedure 4DCA/3 Apr. 12, 2023
U.S. v. Ramos
District court judge did not need to specifically address defendant's evidentiary objections when it adopted, in full, the magistrate judge's reports and recommendations. 		Criminal Law and Procedure 9th Apr. 11, 2023
People v. Carr
Defendant's motion to vacate his drunk driving murder conviction under changes to the felony murder rule was denied where his conviction was proof that he appreciated the risk of driving drunk. 		Criminal Law and Procedure 4DCA/2 Apr. 10, 2023
People v. Didyavong
Penal Code Section 1172.6--resentencing based on felony murder rule changes--does not have a mechanism to reduce a conviction from first degree murder to second degree murder. 		Criminal Law and Procedure 4DCA/1 Apr. 10, 2023
Nijmeddin v. Superior Court (People)
Trial court erred in denying plaintiff's compassionate release since he did not pose an unreasonable risk of danger to the public as a wheelchair-bound 65-year-old with pancreatic cancer. 		Criminal Law and Procedure 6DCA Apr. 7, 2023
In re Ferrell
Reasonable jury could have found in favor of the defendant had it not been given erroneous jury instruction regarding legally invalid theory of murder. 		Criminal Law and Procedure CASC Apr. 7, 2023
Modification: People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety. 		Criminal Law and Procedure 3DCA Apr. 6, 2023
People v. Jones
The trial court lost jurisdiction over the jurors when it erroneously told them they were excused from jury duty, rendering their later verdict a nullity. 		Criminal Law and Procedure 1DCA/5 Apr. 6, 2023
Duke v. Gastelo
Federal abstention was inappropriate where petitioner had no opportunity to raise constitutional challenges in state court proceeding and requested the federal petition be stayed pending resolution of the state proceeding. 		Criminal Law and Procedure 9th Apr. 6, 2023
In re Lopez
Gang-murder special circumstance, standing alone, did not necessarily show that jury instruction on the natural and probable consequences theory of aiding and abetting first degree murder was harmless beyond a reasonable doubt. 		Criminal Law and Procedure CASC Apr. 4, 2023
People v. Cooks
Alleged invalid waiver of right to appear at restitution hearings was not ripe for review where no hearings had been held. 		Criminal Law and Procedure 4DCA/1 Apr. 3, 2023
People v. Marquez
Whether the accused is "not a caretaker" is not an essential element required to be proven by the prosecution for felony elder theft under Penal Code Section 368(d). 		Criminal Law and Procedure 4DCA/3 Apr. 3, 2023
In re Kerins
Despite the 14-year delay, the trial court acted within its discretion in determining petitioner's speedy trial rights were not violated where the delay was primarily due to petitioner's continuance requests. 		Criminal Law and Procedure 1DCA/4 Apr. 3, 2023
People v. Vaca
Granting a motion under Penal Code Section 1473.7 for failure to understand immigration consequences of a plea does not require dismissal of the underlying criminal complaint. 		Criminal Law and Procedure 1DCA/4 Apr. 3, 2023
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