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Michaels v. Davis
In a habeas petition, constitutional errors--improperly *Mirandized* confession and ineffective assistance of counsel--were not cumulatively prejudicial. 		Criminal Law and Procedure 9th Oct. 19, 2022
People v. Hardin
Denying a youth offender parole hearing to individuals convicted with a special-circumstance finding, but allowing a hearing for individuals convicted without such a finding violated equal protection. 		Criminal Law and Procedure 2DCA/7 Oct. 19, 2022
Amended Opinion: Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory. 		Criminal Law and Procedure 9th Oct. 18, 2022
U.S. v. Higuera
District court erred by failing to make reliability findings on three gang expert witnesses, but the error was harmless because testimony was based on witnesses' extensive experience. 		Criminal Law and Procedure 9th Oct. 14, 2022
Modification: People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury. 		Criminal Law and Procedure 1DCA/5 Oct. 12, 2022
U.S. v. Saelee
District court correctly denied defendant's motion to suppress because agents executed a search warrant that was both sought and issued independently of alleged Fourth Amendment violations. 		Criminal Law and Procedure 9th Oct. 12, 2022
People v. Johnson
Penal Code Section 12022.5(a) allows trial courts broad discretion to impose lesser uncharged firearm enhancements when it strikes firearm enhancement convictions through Section 12022.5(b). 		Criminal Law and Procedure 3DCA Oct. 6, 2022
Ochoa v. Davis
Potential jurors were properly excluded for cause because prosecutor's bank robbery hypothetical during voir dire was neither "egregious" or "misleading". 		Criminal Law and Procedure 9th Oct. 6, 2022
People v. Mitchell
Defendant was not entitled to have her sentence reduced because amended Penal Code Section 1170 does not apply to cases where sentence is imposed pursuant to a stipulated plea agreement. 		Criminal Law and Procedure 1DCA/5 Oct. 5, 2022
People v. Boukes
Where evidence supported that defendant would not have obtained a more favorable result even if his case had been bifurcated, any resulting error was harmless, not meriting reversal. 		Criminal Law and Procedure 4DCA/2 Oct. 3, 2022
People v. Nonaka
Civil settlement and release of liability between defendant and victim did not relieve defendant of his obligation to pay restitution for victim's economic loss resulting from attorney fees and costs. 		Criminal Law and Procedure 2DCA/6 Oct. 3, 2022
Gable v. Williams
Trial court's exclusion of third party's detailed and compelling confession violated petitioner's due process rights. 		Criminal Law and Procedure 9th Sep. 30, 2022
People v. Lastra
Motion to recuse district attorney and his office was proper because substantial evidence supported the trial court's determination that they were not likely to treat defendant Black Lives Matter protesters fairly. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2022
People v. Lopez
Defendant convicted of robbery demonstrated that he would not have accepted plea subjecting him to mandatory deportation because of his deep personal ties to the U.S. and legal inexperience. 		Criminal Law and Procedure 2DCA/2 Sep. 28, 2022
In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline. 		Criminal Law and Procedure 9th Sep. 27, 2022
U.S. v. Wright
Person last holding cash before it was seized was not entitled to its return because the government rebutted the presumption he was entitled to lawful possession of the money. 		Criminal Law and Procedure 9th Sep. 26, 2022
People v. Heard
For juvenile offenders who were sentenced to the functional equivalent of life without parole, denying the opportunity to petition for resentencing under Penal Code Section 1170(d)(1) violates equal protection. 		Criminal Law and Procedure 4DCA/1 Sep. 21, 2022
People v. Fuller
When a firearm enhancement under Penal Code Section 12022.53 has been charged and found true, a sentencing court has discretion to strike the enhancement and impose an uncharged lesser included enhancement. 		Criminal Law and Procedure 4DCA/2 Sep. 19, 2022
People v. Board of Parole Hearings
District Attorney's Office lacked standing for writ of mandate to invalidate bill that paroled convicted murderer since no statute authorized the Office to challenge the statute's validity. 		Criminal Law and Procedure 3DCA Sep. 16, 2022
People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury. 		Criminal Law and Procedure 1DCA/5 Sep. 15, 2022
U.S. v. Reed
Erroneous jury instruction on firearm charge based on both an invalid and valid conspiracy predicate crime was not prejudicial because both conspiracies were inextricably intertwined. 		Criminal Law and Procedure 9th Sep. 15, 2022
U.S. v. Chen
When determining whether extraordinary and compelling reasons exist for sentence reduction, courts may consider the First Step Act's non-retroactive changes to stacked sentencing law. 		Criminal Law and Procedure 9th Sep. 15, 2022
People v. Thompson
The court found no reversible error where prosecutor told part of the fable of the scorpion and the frog during voir dire. 		Criminal Law and Procedure 6DCA Sep. 14, 2022
People v. Sifuentes
Felony-murder rule peace officer exception applied where circumstantial evidence supported a finding that robber would have been aware of the facts of officer's death. 		Criminal Law and Procedure 1DCA/4 Sep. 14, 2022
U.S. v. Montoya
Defendant's non-binding type-B plea agreement was not transformed into a binding type-C plea agreement after the district court declined to adopt the parties' sentencing recommendation. 		Criminal Law and Procedure 9th Sep. 14, 2022
U.S. v. Fowler
Search conducted by state trooper acting pursuant to cross-deputization agreement was valid because tribes have inherent sovereign authority to select individuals who may act as tribal police on tribal lands. 		Criminal Law and Procedure 9th Sep. 14, 2022
People v. Bueno
Prison inmate who received illegal cell phone may be convicted of conspiracy to deliver a cell phone to a prisoner because he had prearranged a plan with the deliverer. 		Criminal Law and Procedure 4DCA/1 Sep. 13, 2022
People v. Rowland
Affidavit was not deficient because magistrate could reasonably infer that citizen informant acted in accord with Microsoft's legal obligation to report apparent child pornography. 		Criminal Law and Procedure 6DCA Sep. 12, 2022
People v. Nguyen
Under the Interstate Agreement on Detainers, dismissal was not available when Colorado warden took 14 weeks to notify prisoner of his right to demand final disposition of his pending California charges. 		Criminal Law and Procedure 6DCA Sep. 6, 2022
Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory. 		Criminal Law and Procedure 9th Sep. 6, 2022
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