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Fauber v. Davis
Defendant was not entitled to habeas relief because no clearly established federal constitutional law holds that an unaccepted plea offer qualifies as evidence in mitigation that must be admitted in a capital penalty proceeding. 		Criminal Law and Procedure 9th Aug. 8, 2022
People v. Vang
Felony-murder amendment applies in all felony murder cases, not just those with accomplice liability. 		Criminal Law and Procedure 3DCA Aug. 8, 2022
U.S. v. Brown
Denial of a sentence reduction was not an improper enhancement of a sentence based upon information disclosed in a safety valve proffer. 		Criminal Law and Procedure 9th Aug. 3, 2022
People v. Henson
In deciding a lack of probable cause Penal Code Section 995 motion, a trial court may consider the records of multiple magistrate proceedings without court-approved consolidation of those proceedings. 		Criminal Law and Procedure CASC Aug. 2, 2022
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. 1, 2022
People v. Superior Court (Ortiz)
Pretrial diversion is not allowed for misdemeanor DUIs. 		Criminal Law and Procedure 4DCA/2 Aug. 1, 2022
Amended Opinion: Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. 		Criminal Law and Procedure 9th Aug. 1, 2022
People v. Ng
Though Evidence Code Section 1291 does not explicitly permit introduction of foreign testimony, analogizing with federal case law allowed for its admissibility. 		Criminal Law and Procedure CASC Jul. 29, 2022
U.S. v. Willy
In open carry state, there was no probable cause to arrest defendant carrying a firearm where witnesses had stated defendant had displayed the weapon but had not threatened anyone. 		Criminal Law and Procedure 9th Jul. 27, 2022
Fort v. State of Washington
Indeterminate Sentencing Review Board setting of hearings pursuant to Washington state statute was part of a judicial function warranting quasi-judicial immunity. 		Criminal Law and Procedure 9th Jul. 27, 2022
People v. Saibu
Trial court correctly applied the legal standard to determine whether the government had proved beyond a reasonable doubt that defendant had committed felony murder. 		Criminal Law and Procedure 4DCA/1 Jul. 27, 2022
People v. Flowers
When the record clearly indicated support for trial court's imposition of the upper term pursuant to Penal Code Section 1170 as it existed at the time, trial court's decision did not warrant reversal. 		Criminal Law and Procedure 2DCA/6 Jul. 27, 2022
People v. Mitchell
In deciding a petition for resentencing under Penal Code Section 1172.6 (formerly Section 1170.95), trial courts may consider all evidence admissible under the Evidence Code. 		Criminal Law and Procedure 2DCA/8 Jul. 26, 2022
Legg v. Dept. of Justice
Three-tiered registry for sex offenders convicted in adult court based on the age of the offender does not violate the Equal Protection Clause. 		Criminal Law and Procedure 3DCA Jul. 26, 2022
U.S. v. Donnelly
An eight-month pre-hospitalization commitment of incompetent defendant to Attorney General's custody plainly exceeded any period conceivably allowed by statute. 		Criminal Law and Procedure 9th Jul. 26, 2022
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 Jul. 25, 2022
Modification: People v. Manzanilla
The failure of defendant's legal counsel to specifically inform him that his aggravated felony plea would subject him to mandatory deportation was a prejudicial error requiring reversal. 		Criminal Law and Procedure 2DCA/8 Jul. 25, 2022
U.S. v. Oliver
Defendant's false monthly supervision report was not exempt under the judicial proceeding exception to 18 United States Code Section 1001 since it was made to his probation officer, not a judge. 		Criminal Law and Procedure 9th Jul. 25, 2022
People v. Dunn
Trial court's finding of the upper term for a criminal conviction was affirmed because the one aggravating circumstance not stipulated to would have been assessed the same way by a jury. 		Criminal Law and Procedure 5DCA Jul. 22, 2022
U.S. v. Nault
Officer's continuation of a stop to request defendant's documents did not violate the Fourth Amendment because that request fell within the stop's mission. 		Criminal Law and Procedure 9th Jul. 22, 2022
People v. Mataele
Limited remand was appropriate to allow trial court to determine whether to exercise newly conferred discretion regarding sentencing enhancements for firearm use and prior serious felony convictions. 		Criminal Law and Procedure CASC Jul. 22, 2022
Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Jul. 21, 2022
People v. M.H.
The trial court was not statutorily required to advise Mentally Disordered Offender of the right to call and confront witnesses at hearing challenging commitment. 		Criminal Law and Procedure 4DCA/2 Jul. 19, 2022
People v. Lee
Assembly Bill 333's amendment to "criminal street gang" definition applied to the voter-enacted gang-murder special circumstance enhancement. 		Criminal Law and Procedure 2DCA/4 Jul. 19, 2022
U.S. v. Dominguez-Caicedo
To determine a minimal role adjustment for sentencing, courts must compare the defendant's culpability with the average level of all participants in the crime, even those of recruiters, leaders, or organizers who were not charged. 		Criminal Law and Procedure 9th Jul. 19, 2022
Modification: People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation. 		Criminal Law and Procedure CASC Jul. 18, 2022
People v. Clark
Prosecutors can show that two gang members separately committed crimes on different occasions to prove a "pattern of criminal gang activity" for the Penal Code Section 186.22 gang enhancement. 		Criminal Law and Procedure 4DCA/2 Jul. 18, 2022
In re Mazur
Petitioner was not subject to two-year on-bail sentencing enhancement because he was not taken into custody for the securities fraud committed while released on bail. 		Criminal Law and Procedure 4DCA/1 Jul. 18, 2022
People v. Shelly
The People may not withdraw from a plea agreement when the effect of Assembly Bill 1950's passage did not deprive them of the benefit of the bargain. 		Criminal Law and Procedure 3DCA Jul. 18, 2022
People v. Torres
Even if trial court wrongly assumed it lacked discretion not to order confinement as a condition of probation, remand was unnecessary where trial court plainly indicated it would not exercise that discretion. 		Criminal Law and Procedure 2DCA/6 Jul. 14, 2022
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