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People v. Anderson
Defendant's testimony from prior parole suitability hearings was admissible at his resentencing hearing because a sentence reduction is an "act of lenity," not implicating defendant's Fifth Amendment rights. 		Criminal Law and Procedure 1DCA/4 May 2, 2022
People v. Delgado
While appellant was not entitled to a youth offender parole hearing under equal protection, he was entitled to a *Franklin* hearing to consider youth-related factors under Penal Code Section 4801. 		Criminal Law and Procedure 4DCA/3 May 2, 2022
U.S. v. Phillips
Private citizen who accessed child pornography on defendant's computer at the direction of law enforcement was a permissible governmental search because private citizen merely mimicked her earlier search. 		Criminal Law and Procedure 9th May 2, 2022
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 Apr. 28, 2022
People v. Weisner
In an appeal from orders denying postconviction relief, the defendant does not have the right to submit his or her own arguments to the court as an individual, instead of through counsel. 		Criminal Law and Procedure 3DCA Apr. 28, 2022
People v. Estrada
Defendant convicted of first degree murder was ineligible for retroactive relief under Penal Code Section 1170.95 since the jury did not convict him under the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/8 Apr. 27, 2022
People v. Serrano
Defendant's conviction for simple assault was reversed because it was necessarily premised on the same conduct that resulted in defendant's conviction for infliction of corporal injury. 		Criminal Law and Procedure 5DCA Apr. 27, 2022
People v. Birdsall
Instructional error on the felony-murder theory was harmless because it was clear beyond a reasonable doubt that a rational jury would have adopted the theory that defendant was the actual killer. 		Criminal Law and Procedure 1DCA/4 Apr. 26, 2022
People v. McDavid
Resentencing on firearm enhancement was vacated to allow trial court to exercise discretion to strike enhancement and impose a lesser enhancement under recently decided *People v. Tirado*. 		Criminal Law and Procedure 4DCA/1 Apr. 25, 2022
Brown v. Davenport
When state courts have ruled on the merits of a state prisoner's claims and the prisoner seeks federal habeas relief, courts must apply both tests: *Brecht v. Abrahamson* and the Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure USSC Apr. 22, 2022
Jessup v. Shinn
Sentence of imprisonment without the possibility of any form of release for juvenile convicted of murder did not violate *Miller v. Alabama* since the sentencing judge considered defendant's youth in sentencing. 		Criminal Law and Procedure 9th Apr. 22, 2022
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 Apr. 22, 2022
People v. King
The unauthorized sentence rule does not itself create jurisdiction for a trial court to rule on an incarcerated defendant's motion to correct an alleged illegal sentence. 		Criminal Law and Procedure 2DCA/2 Apr. 20, 2022
People v. Vaughn
Defendant could be guilty of human trafficking of a minor, as an aider and abettor, even though he did not know that the victim was a minor. 		Criminal Law and Procedure 4DCA/2 Apr. 20, 2022
People v. Glukhoy
Alternative-theory error based on improper jury instruction of implied malice murder was harmless because the overwhelming evidence suggested defendant was an aider and abettor in fatal car chase. 		Criminal Law and Procedure 3DCA Apr. 20, 2022
People v. Burgos
Penal Code Section 1109, which requires trial bifurcation for gang enhancements, applies retroactively since it was enacted to ameliorate the punishment of trying enhancements with the underlying crimes. 		Criminal Law and Procedure 6DCA Apr. 19, 2022
People v. Coley
Trial court did not err in denying defendant's petition for resentencing without issuing an order to show cause because his conviction necessarily involved express malice. 		Criminal Law and Procedure 1DCA/5 Apr. 19, 2022
U.S. v. McCarron
Multiple proposed lurid rendezvous, even if purely hypothetical, sufficed as evidence of a substantial step in defendant's attempt to cause a minor's assent to unlawful sexual activity. 		Criminal Law and Procedure 9th Apr. 19, 2022
People v. Crites
Penal Code Section 1203.01(a) allows trial courts to create postjudgment records that include probation officers' reports and comments from the judge and district attorney pertaining to the crime or the criminal. 		Criminal Law and Procedure 1DCA/4 Apr. 18, 2022
U.S. v. House
Government conceded recent caselaw controlled as to sentencing enhancement based on defendant's prior marijuana conviction, and that the court should remand for resentencing without treating the conviction as a qualifying offense. 		Criminal Law and Procedure 9th Apr. 18, 2022
People v. Canedos
Retroactive reduction in maximum parol duration meant that the court no longer had jurisdiction to revoke probation for violations committed after the new maximum duration. 		Criminal Law and Procedure 2DCA/1 Apr. 15, 2022
People v. Pantoja
Defendant wearing baggy clothing and having a history of weapons possession was not sufficient evidence to reasonably support a suspicion that he was armed and dangerous during traffic stop. 		Criminal Law and Procedure 1DCA/2 Apr. 14, 2022
People v. Hola
The proper procedure for a direct appeal challenge based on the elimination of the natural and probable consequences doctrine is remand for a new trial. 		Criminal Law and Procedure 3DCA Apr. 13, 2022
People v. Flores
Based on the legislative intent underlying Assembly Bill 1950 to advance specific public policy goals through the reduction of probation terms, defendant was entitled to modification of his probation term. 		Criminal Law and Procedure 5DCA Apr. 13, 2022
People v. Cooper
Courts cannot deny retroactive relief to a convicted murderer under Penal Code Section 1170.95 based on findings that are inconsistent with a previous acquittal where no other evidence is introduced. 		Criminal Law and Procedure 1DCA/1 Apr. 13, 2022
People v. Banner
Defendant's psychological trauma stemming from mental illness may have been a contributing factor in the commission of attempted robberies that warranted a lower sentence. 		Criminal Law and Procedure 5DCA Apr. 12, 2022
People v. Bracamontes
Though crime occurred in 1991 and defendant not charged until 2003, delay was not prejudicial as the reason for the delay was investigative in nature and any presumed prejudice was minimal. 		Criminal Law and Procedure CASC Apr. 12, 2022
U.S. v. Irons
Defendant carried his burden to show that erroneous supplemental jury instruction affected his substantial rights because the error effectively removed from the jury's consideration the only disputed issue. 		Criminal Law and Procedure 9th Apr. 12, 2022
Slaieh v. Superior Court (Slaieh)
The deposition provision of Marsy's Law does not apply to civil proceedings because it expressly provides rights to victims and their families in the criminal justice system. 		Criminal Law and Procedure 4DCA/2 Apr. 11, 2022
People v. Lopez
Penal Code Section 182.22(b)(4)'s gang-related sentencing enhancement only addresses completed home invasion robberies, not conspiracies to commit home invasion robberies. 		Criminal Law and Procedure CASC Apr. 8, 2022
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