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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
Modification: People v. Wright
Denial of defendant's motion to represent himself at trial for being untimely was not an abuse of discretion when the motion was made two days before trial and appeared to be an attempt at an unjustifiable delay. 		Criminal Law and Procedure CASC Mar. 11, 2022
People v. Pacheco
Denial of defendant's petition to vacate his murder conviction was reversed because the jury instruction did not require jurors to find that defendant directly aided and abetted the target crime of murder. 		Criminal Law and Procedure 4DCA/3 Mar. 10, 2022
Wooden v. U.S.
Determining whether felonies are part of the same occasion under the Armed Career Criminal Act's requires a multi-factored inquiry that includes timing, location, and the character and relationship of the offenses. 		Criminal Law and Procedure USSC Mar. 8, 2022
People v. Pixley
Where defendant entered into a plea bargain with a stipulated sentence, he was not eligible for resentencing based on military-service-related post-traumatic stress disorder. 		Criminal Law and Procedure 4DCA/2 Mar. 8, 2022
People v. Gonzalez
A statute criminalizing possession of a loaded, operable firearm while also in possession of controlled substances did not violate the Second Amendment right to bear arms. 		Criminal Law and Procedure 4DCA/2 Mar. 7, 2022
Hernandez-Valenzuela v. Superior Court (People)
Court delays because of case backlogs due to COVID-19 pandemic was an extraordinary and exceptional circumstance that warranted speedy trial rights exceptions. 		Criminal Law and Procedure 1DCA/3 Mar. 7, 2022
Flemming v. Matteson
Defendant's federal claims were untimely under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations because his state habeas petitions were untimely. 		Criminal Law and Procedure 9th Mar. 7, 2022
People v. Rodriguez
Increased evidentiary requirements to prove gang-related crimes and enhancements must be applied retroactively and requires proof that the benefit to the street gang is more than just reputational. 		Criminal Law and Procedure 5DCA Mar. 3, 2022
People v. Faial
Assembly Bill 1950, which generally limits probation terms to two years, does not apply retroactively when the trial court's revocation and termination of defendant's probation occurred before the bill's effective date. 		Criminal Law and Procedure 1DCA/3 Mar. 2, 2022
Kuhnel v. Superior Court (People)
When defendant was validly on probation when her probation was revoked and the probation violation hearing never occurred, Assembly Bill 1950 does not apply and the probation period is tolled until the formal probation hearing occurs. 		Criminal Law and Procedure 1DCA/3 Mar. 2, 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. 2, 2022
People v. Phillips
Evidence of defendant's prior involvement in a similar crime may be used to negate claims of innocence especially where circumstances were factually analogous. 		Criminal Law and Procedure 1DCA/2 Mar. 1, 2022
Hoffman v. Preston
The court extended the Bivens remedy to allow suit against a guard who allegedly created a substantial risk of harm to plaintiff prisoner. 		Criminal Law and Procedure 9th Mar. 1, 2022
Modification: People v. Vasquez
A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements. 		Criminal Law and Procedure 5DCA Feb. 28, 2022
People v. Flores
The probative value of defendant's prior acts evidence concerning his propensity to commit domestic violence outweighed any danger of undue prejudice. 		Criminal Law and Procedure 1DCA/3 Feb. 28, 2022
People v. Flint
When the jury finds "not true" that a felony-murder special circumstance applied to the murder, that is considered a finding which requires the court to grant a petition for resentencing unless an exception applies. 		Criminal Law and Procedure 2DCA/1 Feb. 28, 2022
People v. Hall
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 Feb. 24, 2022
Modification: People v. Sek
Amended gang enhancement statute required that defendant's gang enhancements be stricken when it was unclear whether the jury relied on reputational benefit to street gang in rendering its finding. 		Criminal Law and Procedure 2DCA/1 Feb. 24, 2022
In re K.M.
Defendant was not liable for aiding and abetting a robbery because although he was present, insufficient evidence showed that he affirmatively assisted or encouraged the robbery. 		Criminal Law and Procedure 1DCA/5 Feb. 22, 2022
People v. Smith
A petitioner for release under the Sexually Violent Predators Act did not need to show a material change since his last petition for release because his earlier petition was not denied on the merits or found to be frivolous. 		Criminal Law and Procedure 1DCA/5 Feb. 22, 2022
Oliver v. Davis
Debatable inferences of evidence that a preemptory challenge to strike a juror was pretextual should have been resolved in favor of the state court. 		Criminal Law and Procedure 9th Feb. 18, 2022
People v. Lopez
Mask mandate did not violate right to confront witnesses because it was necessary to further the public policy of ensuring courtroom attendees' safety during the COVID-19 pandemic and did not inhibit the testimonies' reliability. 		Criminal Law and Procedure 2DCA/8 Feb. 17, 2022
People v. Butler
Assembly Bill No. 1950, which reduces the maximum probationary term for most felony offenses to two years, does not allow renegotiation of a plea agreement that exceeds the new maximum. 		Criminal Law and Procedure 2DCA/8 Feb. 17, 2022
People v. Sanchez
Defendant's attempted murder conviction was reversed because it could not be determined whether the jury relied on the natural and probable consequences doctrine in reaching its verdict. 		Criminal Law and Procedure 5DCA Feb. 17, 2022
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 Feb. 17, 2022
People v. Alvarez
A COVID-19 requirement that witnesses wear masks while testifying did not violate the face-to-face requirement of the Confrontation Clause. 		Criminal Law and Procedure 2DCA/7 Feb. 16, 2022
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