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Name Category Published
People v. Ruiz
Immigration advisement that conviction 'may have' deportation consequences is not adequate for defendants charged with serious controlled substance offenses; defendants must be advised they 'will' be deported. 		Criminal Law and Procedure 2DCA/6 Jun. 8, 2020
People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. 		Criminal Law and Procedure 5DCA Jun. 5, 2020
People v. Tarkington
If petitioner is ineligible for resentencing under Senate Bill No. 1437, their requested appointment of counsel is not required. 		Criminal Law and Procedure 2DCA/3 Jun. 4, 2020
Banister v. Davis
Habeas courts must entertain Rule 59(e) motions as attendant to initial habeas application, rather than dismiss them as successive. 		Criminal Law and Procedure USSC Jun. 2, 2020
People v. Best
Defendant's lack of knowledge of criminal law and courtroom procedure was not a basis to deny the right to self-representation. 		Criminal Law and Procedure 1DCA/4 Jun. 2, 2020
Modification: People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional. 		Criminal Law and Procedure 5DCA Jun. 2, 2020
People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances. 		Criminal Law and Procedure 1DCA/3 Jun. 1, 2020
People v. Lima
Although prosecutor improperly argued facts not in evidence during closing argument, misconduct was harmless in light of evidence. 		Criminal Law and Procedure 2DCA/5 Jun. 1, 2020
People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional. 		Criminal Law and Procedure 5DCA Jun. 1, 2020
People v. Miles
Officer summarizing suspect descriptions as similar or possibly matching in affidavit were not intentionally made false statements to obtain warrant. 		Criminal Law and Procedure CASC May 29, 2020
In re Smith
'McCoy v. Louisiana' did not apply because defendant did not make an express intent to maintain innocence when counsel informed him about his defense strategy. 		Criminal Law and Procedure 4DCA/2 May 28, 2020
People v. Machuca
Conviction for driving under the influence causing bodily injury was not lesser included offense of gross vehicular manslaughter because offenses involved different victims. 		Criminal Law and Procedure 5DCA May 28, 2020
U.S. v. Grey
Administrative warrants cannot be used as vehicles to perform searches and seizures for pending criminal cases. 		Criminal Law and Procedure 9th May 28, 2020
People v. Palmer
Defense counsel's concession of client's guilt to jury was deemed constitutional because defendant did not expressly state his desire to assert his innocence. 		Criminal Law and Procedure 4DCA/1 May 27, 2020
People v. Lee
Appellant's resentencing petition was properly denied because his murder conviction was based on provocative act doctrine and not felony murder. 		Criminal Law and Procedure 2DCA/1 May 27, 2020
Salari v. Superior Court (People)
A party does not impliedly waive right to timely filing of information by agreeing to later arraignment. 		Criminal Law and Procedure 2DCA/8 May 27, 2020
People v. Braum
Double Jeopardy Clause protects only against multiple criminal punishments in successive proceedings for same offense. 		Criminal Law and Procedure 2DCA/5 May 27, 2020
People v. Smolkin
Appellant's conviction under Penal Code Section 69 based on threatening speech was unconstitutional because his speech was not 'true threat.' 		Criminal Law and Procedure 1DCA/5 May 22, 2020
In re Christopher Lee White
Trial court's exercise of discretion in denying bail under California Constitution Article I, Section 12(b) did not constitute abuse of discretion. 		Criminal Law and Procedure CASC May 22, 2020
People v. Rodriguez
Prosecutors must generally avoid raising subject of future perjury prosecutions in their closing arguments to avoid improper vouching. 		Criminal Law and Procedure CASC May 22, 2020
Smith v. Baker
Petitioner successfully argued his counsel's performance was deficient but failed to show he was prejudiced by it. 		Criminal Law and Procedure 9th May 22, 2020
People v. Valles
Courts have discretion to strike greater enhancements only when imposed enhancement was legally inapplicable or unsupported by evidence. 		Criminal Law and Procedure 4DCA/2 May 21, 2020
People v. Smith
Courts may not defer to jury's pre-'Banks/Clark' factual findings when determining petitioner's eligibility for resentencing under Penal Code Section 1170.95. 		Criminal Law and Procedure 2DCA/5 May 19, 2020
Modification: People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/2 May 15, 2020
People v. Seo
Trial court properly refused to instruct jury that possession of counterfeiting equipment requires an intent to defraud. 		Criminal Law and Procedure 4DCA/3 May 14, 2020
People v. Prowell
State's interests in preventing defendant's harassing communication with victim could be served through narrower means than allowing warrantless searches of defendant's communication devices. 		Criminal Law and Procedure 3DCA May 13, 2020
People v. Sanchez
Penal Code 1170.95 does not apply to defendants convicted of voluntary manslaughter, it only provides relief for first degree murder convictions. 		Criminal Law and Procedure 4DCA/2 May 11, 2020
People v. Thompkins
Kill zone theory does not apply where defendant merely subjected persons near primary target to lethal risk. 		Criminal Law and Procedure 1DCA/4 May 7, 2020
People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life. 		Criminal Law and Procedure 4DCA/2 May 7, 2020
People v. Triplett
Juries should be informed or reminded of their right to readback of testimony upon request to review testimony but such error was harmless here. 		Criminal Law and Procedure 2DCA/1 May 6, 2020
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