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People v. Ware
Evidence to convict for conspiracy to commit murder was insufficient where the was a no evidence of a specific intent to agree to kill and to participate in killings. 		Criminal Law and Procedure CASC Dec. 2, 2022
People v. Braggs
Defendant was not entitled to, and trial court was not bound by, sentence recommended by Secretary of the Department of Corrections and Rehabilitation striking defendant's prior serious felony enhancement. 		Criminal Law and Procedure 6DCA Dec. 1, 2022
People v. Bartholomew
Even though it resulted in dismissed allegations, the prosecution had no right to appeal trial court's pre-adjudication order reducing charges to a misdemeanor because the order did not modify a verdict. 		Criminal Law and Procedure 2DCA/6 Nov. 30, 2022
People v. Camacho
While it was erroneous to order defendant convicted of first degree murder to submit to psychiatric evaluation, it was not reversible because his noncooperation was a minor part of the prosecution's case. 		Criminal Law and Procedure CASC Nov. 29, 2022
People v. Zarazua
Prosecutor's failure to use defendant's preferred pronouns did not amount to reversable prosecutorial misconduct when the record showed that it was not prejudicial. 		Criminal Law and Procedure 1DCA/3 Nov. 23, 2022
In re Kowalczyk
Bail provisions of Article 1, Section 28(f)(3) can be reconciled with those of Section 12, and both sections govern bail determinations in noncapital cases. 		Criminal Law and Procedure 1DCA/3 Nov. 23, 2022
U.S. v. Kirst
National Transportation Safety Board's investigation into a plane crash in Alaska was a "pending proceeding" for obstruction charge purposes since the agency had the power to subpoena and compel testimony. 		Criminal Law and Procedure 9th Nov. 23, 2022
People v. O'Day
Lack of knowledge of possible remedy was not good cause to justify defendant's delay of over a decade in filing petition for finding of actual innocence. 		Criminal Law and Procedure 1DCA/3 Nov. 21, 2022
People v. Monroe
Defendant's new sentence was vacated because trial court did not conduct full resentencing when it failed to apply all changes in the law that provided for judicial discretion regarding enhancements. 		Criminal Law and Procedure 1DCA/2 Nov. 18, 2022
U.S. v. Nishida
Supervised release conditions unlawfully delegated to a probation officer the discretion as to whether to require inpatient or outpatient treatment. 		Criminal Law and Procedure 9th Nov. 18, 2022
People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts. 		Criminal Law and Procedure CASC Nov. 18, 2022
People v. Miranda-Guerrero
Defendant knowingly waived his *Miranda* rights with minimal answer despite his lack of education and broken English based on the totality of the circumstances. 		Criminal Law and Procedure CASC Nov. 18, 2022
Prescott v. Santoro
Despite letters identifying other individuals as the shooter, considering the record as a whole meant petitioner could not meet burden of showing state court's denial of habeas petition was unreasonable. 		Criminal Law and Procedure 9th Nov. 16, 2022
People v. Griffin
Where a defendant-appellant does not file a brief and the court's review does not reveal arguable issues, it should issue a short unpublished opinion affirming the trial court's decision for the benefit of defendant and counsel. 		Criminal Law and Procedure 4DCA/2 Nov. 15, 2022
People v. Garcia
Defendant's counsel did not have a reasonable opportunity to gather evidence for a California Racial Justice Act discovery motion since she had less than a week to prepare the motion. 		Criminal Law and Procedure 1DCA/3 Nov. 14, 2022
People v. Buchanan
Delay of trial was not personally prejudicial once appearance date for misdemeanor arrest passed without formal charges being filed because defendants were no longer accused for Sixth Amendment purposes. 		Criminal Law and Procedure 6DCA Nov. 10, 2022
People v. Berdoll
Remand of trial court's imposition of an upper term sentence was unnecessary because any jury would have found at least one of the aggravating sentencing factors beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/6 Nov. 9, 2022
Amended Opinion: Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness. 		Criminal Law and Procedure 9th Nov. 8, 2022
In re Foster
Parole board's summary denial of prisoner's request to subpoena witnesses at parole rescission hearing was a violation of the prisoner's due process rights. 		Criminal Law and Procedure 1DCA/2 Nov. 3, 2022
U.S. v. Richards
Court's imposition of term of imprisonment, without a jury finding that defendant violated a condition of supervised release prohibiting the defendant from possessing a firearm, did not violate defendant's constitutional rights. 		Criminal Law and Procedure 9th Nov. 1, 2022
People v. Machado
The trial court was not bound by the parties' stipulation that defendant was eligible to have his conviction vacated and was entitled to resentencing relief. 		Criminal Law and Procedure 2DCA/1 Nov. 1, 2022
People v. Vargas
Defendant who told the actual killer to shoot was still liable for murder as an aider and abettor even after changes to the felony murder rule. 		Criminal Law and Procedure 2DCA/2 Oct. 31, 2022
People v. Duran
Section 1172.6 evidentiary hearing for resentencing did not disturb defendant's final judgment of conviction, so the privilege against self-incrimination, and therefore the use immunity doctrine, did not apply. 		Criminal Law and Procedure 2DCA/2 Oct. 28, 2022
People v. Picazo
Statute allowing support dogs was not specific to only children, but may also be used by adult victims whose anxiety could be reduced by the dog's presence. 		Criminal Law and Procedure 1DCA/2 Oct. 27, 2022
In re: Jane Doe
18 U.S.C. Section 3663(a)(3) grants statutory authority to district courts to award restitution where a defendant agrees in a plea agreement to pay restitution. 		Criminal Law and Procedure 9th Oct. 26, 2022
U.S. v. Kabir
District court properly imposed a 300-month sentence on defendant since he was an "organizer" of a terrorist conspiracy who influenced others to take concrete actions against the United States. 		Criminal Law and Procedure 9th Oct. 25, 2022
People v. Schell
Participation in a retaliatory fatal gang attack where the other assailants used weapons to beat the victim was sufficient evidence to support his conviction for second-degree implied malice murder. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2022
People v. Keel
Petition for resentencing was improperly denied because defendant's youth greatly diminished any inference that he acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/1 Oct. 24, 2022
In re Tellez
Ineffective assistance of counsel claim failed because advisement of a potential Sexually Violent Predator Act commitment before pleading guilty to committing a lewd and lascivious act on a child is not constitutionally required. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
People v. Vizcarra
Defendant's petition to vacate his murder conviction and to be resentenced under Penal Code Section 1172.6 was properly denied because aiding and abetting implied malice murder is a valid form of murder liability. 		Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
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