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People v. Accredited Surety & Casualty
Surety's obligations for original $75,000 bond ceased when the court increased defendant's bail and remanded him to the sheriff's custody. 		Criminal Law and Procedure 3DCA Apr. 8, 2022
U.S. v. Hylton
Independent reasonable suspicion to perform a criminal history check during a traffic stop is not required because it is a negligibly burdensome precaution required for officer safety. 		Criminal Law and Procedure 9th Apr. 6, 2022
U.S. v. Fower
Compassionate relief is not available to defendants before incarceration. 		Criminal Law and Procedure 9th Apr. 5, 2022
U.S. v. Kirilyuk
Application Notes' definition of "loss" as $500 per unauthorized credit card was not binding since it acted as a punishment enhancement rather than illuminating the Sentencing Guideline's definition. 		Criminal Law and Procedure 9th Apr. 4, 2022
U.S. v. Medina-Suarez
Courts are to provide instruction on a lesser-included offense where the charged offense requires the jury to determine a disputed factual element that is not required for the lesser-included offense. 		Criminal Law and Procedure 9th Apr. 4, 2022
People v. Flores
Defendant's stipulation that preliminary hearing transcripts provided a factual basis for his guilty plea was not a binding admission for the purposes of resentencing. 		Criminal Law and Procedure 5DCA Mar. 31, 2022
People v. Kiger
Defendant's domestic battery charges were not eligible for enhanced penalties since the relevant prior conviction was for attempted domestic battery, not a completed domestic battery. 		Criminal Law and Procedure 4DCA/2 Mar. 31, 2022
People v. McMurray
Trial court was required to reconsider the California Department of Corrections and Rehabilitation Secretary's resentencing recommendations following the passage of Assembly Bill 1540, which effectively clarified existing resentencing law. 		Criminal Law and Procedure 3DCA Mar. 31, 2022
In re Bailey
Proposition 57, which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense, did not incorporate an in-person hearing requirement. 		Criminal Law and Procedure 3DCA Mar. 30, 2022
People v. Garcia
Upper term on defendant's second degree robbery sentence was vacated because trial court appeared to have relied upon factors in aggravation neither admitted nor found true beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/8 Mar. 30, 2022
People v. Kelley
The court was not required to modify a criminal protective order because the requirement that defendant not "knowingly" come within 400 feet of victim was implicit in the order. 		Criminal Law and Procedure 3DCA Mar. 30, 2022
U.S. v. Kvashuk
Search warrant affidavit showed a fair probability that evidence of defendant stealing millions in digital gift cards from his employer, Microsoft, would be found on a computer at defendant's residence. 		Criminal Law and Procedure 9th Mar. 29, 2022
Ross v. Davis
California Supreme Court reasonably determined that a special circumstances instruction included the necessary specific intent to satisfy the culpability requirement rendering an erroneous jury instruction harmless error. 		Criminal Law and Procedure 9th Mar. 28, 2022
U.S. v. Mendez
The Juvenile Delinquency Act was not applicable where defendant continued to participate in a conspiracy after reaching the age of majority. 		Criminal Law and Procedure 9th Mar. 25, 2022
U.S. v. Wells
A special condition of supervised release, whose definition of "computer" could be understood to encompass household objects, was unconstitutionally vague. 		Criminal Law and Procedure 9th Mar. 23, 2022
In re Friend
Certificate of appealability as to claims in defendant's second habeas petition, pursuant to Proposition 66, was denied because defendant failed to allege specific facts that showed ineffective assistance. 		Criminal Law and Procedure 1DCA/3 Mar. 23, 2022
People v. Edwards
Requirement for witnesses to wear masks while testifying did not violate the confrontation clause. 		Criminal Law and Procedure 2DCA/8 Mar. 22, 2022
Modification: People v. E.H.
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Mar. 22, 2022
In re Harper
Jury's robbery-murder special circumstance finding was upheld because substantial evidence showed defendant was a major participant in the robbery despite defendant's youth at the time of the crime. 		Criminal Law and Procedure 4DCA/2 Mar. 21, 2022
Modification: People v. Clements
Although admitting a factual summary from a prior appellate decision was improper, the trial court's ruling was upheld because defendant failed to identify any portions of the appellate opinion the trial court relied on. 		Criminal Law and Procedure 4DCA/2 Mar. 18, 2022
Munoz Gonzalez v. U.S.
Courts must utilize an objective pragmatic approach to determine whether an argument was "previously unavailable" to a prisoner seeking to file a second habeas request under 28 U.S.C. Section 2255. 		Criminal Law and Procedure 9th Mar. 18, 2022
Gann v. Acosta
Because the California Department of Corrections and Rehabilitations is conferred broad quasi-legislative authority for prison administrative purposes, denial of inmate's spousal overnight visit was within its authority. 		Criminal Law and Procedure 5DCA Mar. 17, 2022
People v. Guerrero
Courts must consider youth-related mitigating factors enumerated in Penal Code Section 190.3 to adequately exercise sentencing discretion. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Magana
Defendant had a colorable equal protection challenge where involuntary commitments for sexually violent predators lacked the jury right advisements required for other involuntary commitments. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
In re Brown
Courts must apply *Humphrey* framework for bail determinations even where defendants are charged with serious, violent felonies and it does not require unusual circumstances to merit its use. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Lopez
The trial court had discretion to impose concurrent, rather than consecutive, sentences on defendant's specified felony sex crime convictions. 		Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Harden
A Penal Code Section 1170.95 petition to vacate a felony murder conviction must be denied if legal determinations from a prior appellate opinion refute defendant's petition as a matter of law 		Criminal Law and Procedure 4DCA/1 Mar. 15, 2022
Tan v. Superior Court (People)
Vehicle Code Section 23640's prohibition on misdemeanor diversion for DUIs supersedes Penal Code Section 1001.95's allowance for diversion of non-enumerated misdemeanors 		Criminal Law and Procedure 1DCA/1 Mar. 14, 2022
People v. Diaz
Defendant could not vacate his plea agreement since he could not prove that he did not understand the plea's immigration consequences and would have rejected it had he understood. 		Criminal Law and Procedure 2DCA/5 Mar. 11, 2022
People v. Breceda
A trial court did not violate defendant's right to a fair trial by denying his motion for a mistrial based on a 73-day delay after the close of the prosecution's case-in-chief caused by the COVID-19 pandemic. 		Criminal Law and Procedure 4DCA/3 Mar. 11, 2022
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