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People v. Nava
An individual could not be convicted under both Penal Code sections 4500 and 4501 (assault with a deadly weapon while a life prisoner and assault with a deadly weapon while a prisoner) for the same conduct. 		Criminal Law and Procedure 3DCA Dec. 19, 2024
People v. Lattin
An assault with a firearm can be committed with an unloaded gun by a defendant who has ammunition available and the means to load it immediately. 		Criminal Law and Procedure 4DCA/1 Dec. 19, 2024
People v. Caratachea
Trial court was not required to conduct a sua sponte Evidence Code Section 352 inquiry where attorney did not request exclusion. 		Criminal Law and Procedure, Evidence 4DCA/1 Dec. 17, 2024
People v. Superior Court (Mitchell)
Although there is no statutory right for the prosecution to appeal an order reducing a charged felony to a misdemeanor, writ review may be available where the trial court acts in excess of its jurisdiction. 		Criminal Law and Procedure CASC Dec. 13, 2024
People v. Gonzalez
Trial court's reliance on unproven aggravating facts to re-impose upper term violated defendant's Sixth Amendment rights after resentencing request. 		Criminal Law and Procedure 6DCA Dec. 12, 2024
Nunez-Dosangos v. Superior Court (People)
Petitioner's pretrial detention was excessive in relation to the government's public safety goals and constituted impermissible punishment in violation of due process. 		Habeas Corpus, Criminal Law and Procedure 1DCA/3 Dec. 12, 2024
People v. Armas
Defendant's appeal of a probation violation finding was moot following the conclusion of probation. 		Criminal Law and Procedure 4DCA/1 Dec. 12, 2024
People v. Muhammad
Defendant was ineligible for felony-murder resentencing when the record of conviction conclusively established he was convicted on the theory that he was the actual perpetrator of attempted murder. 		Criminal Law and Procedure 2DCA/3 Dec. 10, 2024
People v. Billy
Repeat DUI offender was statutorily required to serve at least 180 days in county jail and could not serve that term in a residential facility. 		Criminal Law and Procedure 1DCA/5 Dec. 11, 2024
Modification: People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction. 		Criminal Law and Procedure, Evidence 3DCA Dec. 9, 2024
People v. Vicencio
Out-of-state conviction for offense that had all the elements of an enumerated sexually violent offense qualified the offense as such and made criminal defendant ineligible for resentencing relief. 		Criminal Law and Procedure 4DCA/2 Dec. 9, 2024
People v. Hall
As children's statements made to officers investigating 911 hang-up were in response to an ongoing emergency, admission of those statements through officers' testimony did not violate Confrontation Clause. 		Criminal Law and Procedure, Evidence 5DCA Dec. 9, 2024
U.S. v. Knight
District court's imposition of "no pornography" special condition for supervised release of defendant twice convicted of child pornography was not unduly restrictive nor impermissibly broad. 		Criminal Law and Procedure 9th Dec. 5, 2024
U.S. v. Dorsey
Officer's lay opinion testimony regarding surveillance videos was properly admitted because it was based on personal knowledge and was helpful to the jury in determining a fact in issue. 		Evidence, Criminal Law and Procedure 9th Dec. 5, 2024
U.S. v. Abouammo
Prosecution of falsifying records to obstruct a federal investigation may take place in the venue where the obstructed investigation occurred. 		Criminal Law and Procedure 9th Dec. 5, 2024
People v. Clymer
Warrantless search of decedent's electronic devices did not violate CalECPA where law enforcement accessed devices with the decedent's parents' permission who had physical possession of the devices and their passcodes. 		Criminal Law and Procedure 1DCA/1 Dec. 5, 2024
In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection. 		Criminal Law and Procedure 2DCA/3 Dec. 2, 2024
Blackman v. Cisneros
Because federal prisoner failed to demonstrate that his mental impairment was a but-for cause of untimely federal habeas petition, equitable tolling was unjustifiable. 		Criminal Law and Procedure 9th Dec. 2, 2024
People v. Multani
Trial court properly denied prisoner's compassionate release request because there was no evidence of cancer's progression, therefore no longer meeting end-of-life trajectory requirement. 		Criminal Law and Procedure 2DCA/3 Nov. 29, 2024
People v. Dowdy
Section 1385's mitigating circumstances for striking enhancements do not apply to motions to dismiss prior strikes under the Three Strikes law. 		Criminal Law and Procedure 1DCA/5 Nov. 29, 2024
People v. Canales
In reciting CALCRIM No. 252 to jury, though trial court erred in instructing jury that offense of continuous sexual abuse was a "general intent" crime, the error was harmless. 		Criminal Law and Procedure 2DCA/8 Nov. 27, 2024
Garcia v. Superior Court (City of Los Angeles)
Penal Code Section 1172.6 (felony murder resentencing) permits petitioners to obtain post-conviction discovery following order to show cause to enable defense against new theories of liability. 		Criminal Law and Procedure 2DCA/7 Nov. 22, 2024
People v. North River Insurance Co.
Bail bond was not void despite the fact that ancillary premium financing agreement was unenforceable because the agreements were separate and involved different consideration. 		Criminal Law and Procedure, Contracts 2DCA/3 Nov. 22, 2024
Modification: People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. 		Criminal Law and Procedure, Evidence 4DCA/1 Nov. 22, 2024
People v. Jones
Failure to give unanimity instruction was harmless error where jury's findings indicated it unanimously concluded he had requisite intent to commit sexual assault when he entered dwelling to commit burglary. 		Criminal Law and Procedure 1DCA/1 Nov. 22, 2024
People v. Bagsby
Although distinguishing between resentencing juveniles with an explicit life without parole sentence and juveniles with a functionally equivalent sentence violates equal protection, the proper remedy is not to strike the provision. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2024
People v. Ibarra
Because the trial court improperly instructed jury on the possibility that defendant concurrently intended to kill victim, it erred when it provided the jury with the kill zone instruction. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2024
People v. Martinez
Defendant was not entitled to a heat of passion jury instruction based on alleged "slight touching" by the victim prior to attempted murder. 		Criminal Law and Procedure 2DCA/3 Nov. 21, 2024
People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction. 		Criminal Law and Procedure, Evidence 3DCA Nov. 20, 2024
U.S. v. Porter
Admission of propensity evidence does not violate Fifth Amendment due process principles where courts evaluate whether the probative value outweighs the potential for prejudice under Rule of Evidence 403. 		Evidence, Criminal Law and Procedure 9th Nov. 18, 2024
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