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Shinn v. Martinez Ramirez
Under 28 U.S.C. Section 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel. 		Criminal Law and Procedure USSC May 24, 2022
Myers v. Superior Court (People)
Mentally disordered offerer committee's one-year extension of commitment began when the previous term expired, even though the trial court did not order the extension until nine months after the expiration. 		Criminal Law and Procedure 5DCA May 24, 2022
Modification: People v. Perez
After changes to Penal Code Section 1170.95, invalidated, non-final convictions are to be reversed and remanded to allow prosecutors to retry the counts on the new law. 		Criminal Law and Procedure 2DCA/3 May 24, 2022
Modification: People v. Lopez
"Actual killer" as used in the revised felony-murder rule refers to someone who personally killed the victim, as opposed to merely setting the chain of events in motion that lead to the victim's death. 		Criminal Law and Procedure 4DCA/3 May 23, 2022
U.S. v. Randall
Sentence enhancement for distribution of child pornography in exchange for valuable consideration does not require that defendant actually received the valuable consideration. 		Criminal Law and Procedure 9th May 23, 2022
Islas v. Superior Court (People)
Petitioner was categorically ineligible for diversion under Penal Code Section 1001.95 for her misdemeanor DUI case pursuant to Vehicle Code Section 23640's unambiguous prohibition of diversion for all DUI cases. 		Criminal Law and Procedure 6DCA May 23, 2022
People v. Owens
Considering the totality of the circumstances, substantial evidence supported the finding that defendant acted with reckless indifference to human life. 		Criminal Law and Procedure 2DCA/6 May 20, 2022
People v. Parker
California's shield laws protected recordings made by a third party filming the prosecution working on defendant's case. 		Criminal Law and Procedure CASC May 20, 2022
Elias v. Superior Court (People)
No violation of defendant's right to a speedy trial where there was good cause to continue the case fifteen months due to COVID-19 and witness unavailability. 		Criminal Law and Procedure 4DCA/1 May 19, 2022
Modification: People v. Ramos
Defendant's gang enhancement was reversed because the existing record was insufficient to support the heightened evidentiary requirements set forth by amended Penal Code Section 186.22. 		Criminal Law and Procedure 5DCA May 18, 2022
People v. Watkins
Venue was improper at the Orange County Superior Court since the People presented no evidence placing defendant in Orange County at the time of the alleged vehicular burglaries. 		Criminal Law and Procedure 4DCA/3 May 18, 2022
U.S. v. Allen
District court's complete prohibition on the public's visual access to a trial to curb the spread of COVID-19 was not narrowly tailored, violating defendant's right to a public trial. 		Criminal Law and Procedure 9th May 17, 2022
Martinez v. Shinn
Mitchell v. United States's holding was not an 'extraordinary circumstance' justifying relief from judgment under Federal Rules of Civil Procedure 60(b)(6) since it did not affect the rules governing discovery. 		Criminal Law and Procedure 9th May 17, 2022
People v. Financial Casualty & Surety, Inc.
Surety's motion to set aside bail forfeiture is not a pleading subject to the tolling of the statute of limitations under the COVID-19 Emergency Rule 9. 		Criminal Law and Procedure 2DCA/3 May 17, 2022
People v. Fuentes
Resisting a police officer is not a lesser included offense of fleeing an officer while driving with wanton disregard for safety since resisting requires that the officer be performing a lawful duty. 		Criminal Law and Procedure 4DCA/2 May 16, 2022
U.S. v. Davis
A district court's failure to recount the knowledge of status element during the plea colloquy was not plain error requiring reversal. 		Criminal Law and Procedure 9th May 16, 2022
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. 		Criminal Law and Procedure 3DCA May 13, 2022
People v. Forester
Because defendant was found guilty of stalking a victim of domestic violence, the two-year felony probation limitation in Penal Code Section 1203.1(a) did not apply. 		Criminal Law and Procedure 4DCA/1 May 12, 2022
People v. Lopez
Defendant's felony firearm possession sentence was remanded for resentencing pursuant to the sentencing changes in Senate Bill 567 since the evidence of the aggravating factors was not overwhelming and uncontested. 		Criminal Law and Procedure 4DCA/1 May 12, 2022
Dixon v. Shinn
Defendant's petition for habeas relief was denied because the state court reasonably determined that defendant's schizophrenia did not render him incompetent. 		Criminal Law and Procedure 9th May 12, 2022
Jones v. U.S.
28 U.S.C. Section 2244(b)(1)'s automatic dismissal for successive postconviction relief petitions for state sentences pursuant to Section 2254 does not apply to federal sentences pursuant to Section 2255. 		Criminal Law and Procedure 9th May 12, 2022
People v. Pineda
A statute that allowed defendants to challenge a juvenile court fitness proceeding by direct appeal, rather than through writ relief, did not apply retroactively because it did not ameliorate punishment. 		Criminal Law and Procedure 2DCA/5 May 11, 2022
People v. Delgado
Denial of defendant's motion to suppress was affirmed since the officers had reasonable suspicion that there was a contraband transfer based on commonsense judgments and inferences about the interaction. 		Criminal Law and Procedure 2DCA/8 May 10, 2022
People v. Parramartinez
The record demonstrated that the trial court considered the appropriate circumstances and exercised its discretion in a reasonable manner when it declined to strike defendant's firearm enhancements. 		Criminal Law and Procedure 4DCA/2 May 9, 2022
U.S. v. Begay
Second-degree murder constituted a crime of violence because defendant who acted with requisite mens rea to commit second-degree murder necessarily acted with at least extreme disregard for human life. 		Criminal Law and Procedure 9th May 6, 2022
People v. Perez
After changes to Penal Code Section 1170.95, invalidated, non-final convictions are to be reversed and remanded to allow prosecutors to retry the counts on the new law. 		Criminal Law and Procedure 2DCA/3 May 4, 2022
People v. Whitmore
Assuming that the trial court erred in forcing a reluctant defendant to appear virtually, the error was harmless because the record did not reflect that an in-person hearing would have produced a more favorable result. 		Criminal Law and Procedure 4DCA/3 May 3, 2022
People v. Yang
Defendant who served time in competency treatment at state hospital showed that Penal Code Section 4019 violated equal protection by denying conduct credits he would have earned if he was receiving treatment in county jail. 		Criminal Law and Procedure 1DCA/3 May 3, 2022
People v. Cruz-Partida
Pointing a loaded gun in the general area of others can establish the requisite intent required for assault. 		Criminal Law and Procedure 1DCA/1 May 2, 2022
People v. Lopez
"Actual killer" as used in the revised felony-murder rule refers to someone who personally killed the victim, as opposed to merely setting the chain of events in motion that lead to the victim's death. 		Criminal Law and Procedure 4DCA/3 May 2, 2022
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