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People v. Zabelle
A criminal sentence was remanded where certain factors should not have been considered and the trial court was unclear on how important those factors were to the sentence. 		Criminal Law and Procedure 3DCA Jul. 13, 2022
People v. Harden
Law-of-the-case doctrine does not apply at the prima facie stage of a petition for resentencing because it is unclear if the evidence will be substantially similar prior to the evidentiary hearing. 		Criminal Law and Procedure 4DCA/1 Jul. 13, 2022
People v. Wandrey
Molestation case was remanded for resentencing under Penal Code Section 1170(b) since the evaluation of aggravating circumstances required an imprecise quantitative evaluation of the facts. 		Criminal Law and Procedure 1DCA/2 Jul. 11, 2022
People v. Gerson
Where substantial evidence supported the trial court's finding that defendant did not meet his burden for pretrial mental health diversion, trial court's denial of motion did not amount to abuse of discretion. 		Criminal Law and Procedure 4DCA/1 Jul. 11, 2022
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 California Courts of Appeal Jul. 8, 2022
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 Jul. 8, 2022
Modification: People v. Bunas
A court ruling on a petitioner's motion for mental health diversion is not required to determine the defendant's eligibility prior to determining the offense's suitability. 		Criminal Law and Procedure 4DCA/1 Jul. 6, 2022
People v. Diggs
Denial of petitioner's petition for release into a conditional release program was proper where qualified medical experts diagnosed him with both antisocial personality disorder and amphetamine use disorder. 		Criminal Law and Procedure 1DCA/4 Jul. 5, 2022
People v. Caparaz
Expert testimony regarding defendant's susceptibility to giving false confessions was probative and did not require evidence that defendant falsely confessed. 		Criminal Law and Procedure 1DCA/2 Jul. 5, 2022
People v. Deleoz
Redacted portion of memoranda describing medical examiner's questionable conclusions in other murder cases was not material since it appeared the jury did not credit the examiner's opinion. 		Criminal Law and Procedure 6DCA Jul. 5, 2022
People v. Murphy
Substantial evidence existed that at the time of the car accident, defendant was impaired from using marijuana and acted with implied malice, supporting jury's verdict of second degree murder. 		Criminal Law and Procedure 2DCA/7 Jul. 5, 2022
Guillory v. Allen
Plaintiff's Sixth Amendment public trial claim was not procedurally defaulted since the state Court of Appeal rejected his federal claim on the merits and did not invoke any state law grounds. 		Criminal Law and Procedure 9th Jul. 5, 2022
People v. Lima
Prosecutor improperly quoting prospective jurors' statements was not unfairly prejudicial in light of overwhelming evidence of guilt at trial and jury's decision to only convict defendant. 		Criminal Law and Procedure 2DCA/5 Jun. 30, 2022
People v. Rojas
Where Assembly Bill 333's changes to Penal Code Section 186.22 affected Penal Code Section 190.2(a)(22), it was an impermissible amendment to Proposition 21. 		Criminal Law and Procedure 5DCA Jun. 30, 2022
People v. Salazar
While Senate Bill 567 allows consideration of past trauma in sentencing, the trial court would not have chosen the low term for appellant's conviction considering the numerous aggravating factors. 		Criminal Law and Procedure 2DCA/6 Jun. 29, 2022
People v. Pineda
At the penalty phase of a capital case, defendant's persistent chanting that another inmate was a "rat" was admissible because it conveyed a serious expression of intent to commit an act of unlawful violence. 		Criminal Law and Procedure CASC Jun. 28, 2022
Reposted to Provide Correct Version: People Spitzer v. AWI Builders, Inc.
A motion seeking to disqualify a district attorney from pursuing a civil claim under the unfair competition law must be decided under Penal Code Section 1424(a) because it is an authorized duty of the district attorney. 		Criminal Law and Procedure 4DCA/3 Jun. 28, 2022
Concepcion v. U.S.
The text of the First Step Act did not indicate that the district court could not consider reduced sentencing guidelines or rehabilitation for defendant's crack cocaine distribution charges. 		Criminal Law and Procedure USSC Jun. 28, 2022
Xiulu Ruan v. U.S.
To convict a doctor for prescribing controlled substances without authorization, the Government must prove that the doctor knowingly or intentionally acted without authorization. 		Criminal Law and Procedure USSC Jun. 28, 2022
People v. Romero
Defendant was ineligible for resentencing as a matter of law because he admitted that he acted intentionally, deliberately, and with premeditation in the commission of the murder. 		Criminal Law and Procedure 5DCA Jun. 27, 2022
People v. Montano
Gang enhancement trial bifurcation does not apply to first-degree murder gang special circumstance allegations under Section 190.2(a)(22). 		Criminal Law and Procedure 5DCA Jun. 24, 2022
People v. Whitmore
The trial court's error in forcing a criminal defendant to appear via video at a hearing was harmless because there was no indication that appearing remotely affected the hearing's outcome. 		Criminal Law and Procedure 4DCA/3 Jun. 24, 2022
People v. AWi Builders, Inc.
A motion seeking to disqualify a district attorney from pursuing a civil claim under the unfair competition law must be decided under Penal Code Section 1424(a) because it is an authorized duty of the district attorney. 		Criminal Law and Procedure 4DCA/3 Jun. 24, 2022
U.S. v. Taylor
Attempted Hobbs Act robbery did not qualify as a "crime of violence" under U.S.C. Section 924(c) since no element of the offense required proof that defendant actually used or threatened force. 		Criminal Law and Procedure USSC Jun. 22, 2022
Shoop v. Twyford
Order allowing prisoner to search for new evidence was not "necessary or appropriate in aid of" a federal court's adjudication of a habeas corpus action. 		Criminal Law and Procedure USSC Jun. 22, 2022
P. v. Basler
Where eligibility for relief under Penal Code Section 1170.95, the resentencing statute, requires an evidentiary hearing, a defendant has a right to be present at that hearing absent a valid waiver. 		Criminal Law and Procedure 4DCA/1 Jun. 22, 2022
People v. Richardson
Defendant's statement to, "Shoot him. Shoot him," evidenced him to be a major participant in a felony murder and ineligible for Penal Code Section 1170.95 resentencing. 		Criminal Law and Procedure 4DCA/2 Jun. 20, 2022
People v. Johnson
A defendant who threatened to kill himself if a witness calls the police did not threaten force against a "third party" under the prohibition on dissuading a witness by threat of force. 		Criminal Law and Procedure 1DCA/3 Jun. 20, 2022
People v. Flores
The trial court's consideration of defendant's record of conviction without a finding by the jury to impose an upper sentence term did not warrant resentencing. 		Criminal Law and Procedure 1DCA/3 Jun. 17, 2022
U.S. v. David
An alleged omission of an advisal did not affect defendant's substantial rights because he demonstrated understanding and knowledge of his appeal waiver during the execution of his plea agreement. 		Criminal Law and Procedure 9th Jun. 16, 2022
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