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Amended Opinion: Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence. 		Criminal Law and Procedure 9th Aug. 30, 2022
People v. Tran
Amendments made to the gang enhancement law by Assembly Bill 333 require striking the jury's true finding of the gang enhancement, but not reversal of the guilty verdict or death sentence. 		Criminal Law and Procedure CASC Aug. 30, 2022
Bowden v. Superior Court (People)
Assembly Bill 1950 limited plaintiff's original five-year probation to only two years because the Penal Code section for vehicular manslaughter while intoxicated did not contain a specific probation length. 		Criminal Law and Procedure 1DCA/3 Aug. 29, 2022
U.S. v. Anderson
Private security officer providing security at government building was assisting federal officials with their official duties and was covered under statute that prohibited threatening federal officials and employees. 		Criminal Law and Procedure 9th Aug. 26, 2022
People v. Renteria
Application of gang enhancement required substantial evidence that defendant, acting on his own, specifically intended his actions to promote his gang's criminal activities. 		Criminal Law and Procedure CASC Aug. 26, 2022
People v. Ramirez
Denial of defendant's motions to change venue was proper because media coverage and victim's popularity in the community did not raise a reasonable likelihood that impartial jurors could not be impaneled. 		Criminal Law and Procedure CASC Aug. 26, 2022
People v. Aguayo
Since assault with a deadly weapon and assault likely to cause great bodily injury are different statements of the same offense, defendant could not be convicted of both offenses for one course of conduct. 		Criminal Law and Procedure CASC Aug. 26, 2022
U.S. v. Jaimez
Defendant's money laundering conspiracy conviction was upheld because there was extensive evidence that foot soldiers like him were involved in and understood the gang's money laundering operation. 		Criminal Law and Procedure 9th Aug. 24, 2022
In re Milton
The Gallardo rule does not apply retroactively to cases on collateral review because it is procedural in nature. 		Criminal Law and Procedure CASC Aug. 23, 2022
U.S. v. Ramirez-Ramirez
Defendant's right to a public trial was violated when the district court made only a written finding of guilt rather than announcing it in a public proceeding. 		Criminal Law and Procedure 9th Aug. 23, 2022
People v. Hendrix
Erroneous jury instruction on mistake of fact for burglary was prejudicial because there was more than an abstract possibility the outcome would have been different if the instruction was correct. 		Criminal Law and Procedure CASC Aug. 23, 2022
Nguyen v. Frauenheim
Defendant's *Batson* claim on habeas review failed because even if the court were to create a new rule establishing a new cognizable group, it could not be retroactively applied to defendant's claims. 		Criminal Law and Procedure 9th Aug. 22, 2022
People v. Nieber
Magistrate's finding that there was insufficient evidence that defendant was a major participant was not comparable to a jury acquittal that would establish eligibility for Penal Code Section 1172.6 resentencing. 		Criminal Law and Procedure 4DCA/1 Aug. 23, 2022
People v. Salgado
After recall and resentencing, a criminal defendant's judgment is no longer final, so the defendant was entitled to the application of newly enacted, ameliorative laws during resentencing. 		Criminal Law and Procedure 4DCA/3 Aug. 22, 2022
Reno v. Davis
Purging of officers' records two months after defendant's first direct appeal did not rise to due process violation as it was not done in bad faith nor was the evidence material. 		Criminal Law and Procedure 9th Aug. 22, 2022
Crespin v. Ryan
Life without parole plea for minor defendant violated the Eight Amendment because it stripped the sentencing judge of the discretion to impose a lesser sentence in light of defendant's youth. 		Criminal Law and Procedure 9th Aug. 22, 2022
Modification: People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights. 		Criminal Law and Procedure 2DCA/2 Aug. 18, 2022
U.S. v. Rodriguez
At sentencing, district court erred in analyzing whether to apply the minor-role adjustment to defendant convicted of importing methamphetamine into the United States. 		Criminal Law and Procedure 9th Aug. 18, 2022
U.S. v. Carter
Pursuant to the holding in Concepcion v. United States, failure to provide any reasons for decision regarding First Step Act sentence reduction motion was reversible error. 		Criminal Law and Procedure 9th Aug. 18, 2022
People v. Orosco
Denying defendant's request for self-representation at trial without evidence he suffered from a severe mental illness was a violation of his Sixth Amendment rights. 		Criminal Law and Procedure 4DCA/1 Aug. 18, 2022
People v. Guillory
Not true finding on special circumstance allegation did not require automatic vacatur and resentencing pursuant to Penal Code Section 1172.6 where other viable grounds for murder conviction existed. 		Criminal Law and Procedure 1DCA/5 Aug. 18, 2022
Modification: People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Aug. 15, 2022
People v. The North River Insurance Company (Bad Boys Bail Bonds)
Criminal defendant who left United States under federal safeguard and faced reentry bar was temporarily disabled by reason of detention by civil authorities, so the surrender period was tolled. 		Criminal Law and Procedure 6DCA Aug. 15, 2022
U.S. v. Magdaleno
Special condition of supervised release that prevented high-ranking gang member from associating with gang-affiliated siblings was substantively reasonable because it did not qualify as an intimate relationship. 		Criminal Law and Procedure 9th Aug. 12, 2022
People v. Morelos
Defendant knowingly and voluntarily waived his right to a jury trial during the guilt and penalty phases after informing the trial court that he understood the waiver three separate times. 		Criminal Law and Procedure CASC Aug. 12, 2022
Needham v. Superior Court (People)
The People may not retain a private psychological expert to testify in a trial to determine whether a party qualifies as a sexually violent predator. 		Criminal Law and Procedure 4DCA/3 Aug. 10, 2022
People v. Strong
Findings issued before *People v. Banks* do not categorically preclude a defendant convicted of felony murder with a special-circumstance finding from resentencing. 		Criminal Law and Procedure CASC Aug. 9, 2022
People v. Lopez
Assembly Bill No. 333's amendments to the definition of a criminal street gang applied to the voter-enacted gang conspiracy statute. 		Criminal Law and Procedure 5DCA Aug. 8, 2022
Modification: People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog. 		Criminal Law and Procedure 6DCA Aug. 8, 2022
Montiel v. Chappell
Even assuming counsel's deficient performance, state court ruling was not so lacking in justification that it met the demanding standard required to overturn it under AEDPA. 		Criminal Law and Procedure 9th Aug. 8, 2022
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