| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 C101343 
 | 
Lacour v. Superior Court (People)
 Trial court abused its discretion in denying mental health diversion based on the absence of evidence when statute requires substantial clear and convincing evidence from the prosecution.  | 
Criminal Law and Procedure | 
 | 
E. Duarte | Apr. 8, 2025 | 
| 
 S169750 
 | 
People v. McGhee 
 Defendant's murder conviction was reversed and remanded when trial court's decision to remove juror for misconduct was unsupported by the record.  | 
Criminal Law and Procedure | 
 | 
G. Liu | Apr. 4, 2025 | 
| 
 S179454 
 | 
People v. Jasso
 Admission of detective's testimony regarding accomplice's friend's statements made during interview was not error where accomplice's statements were against his interest and defense counsel did not object to detective's testimony.  | 
Criminal Law and Procedure, Evidence | 
 | 
L. Kruger | Apr. 4, 2025 | 
| 
 23-4105 
 | 
U.S. v. Carver
 Despite shift in court deference to agency interpretations of regulations, precedent that convictions set aside under Penal Code Section 1203.4 are not expunged for federal sentencing purposes remained good law.  | 
Criminal Law and Procedure | 
 | 
S. Ikuta | Apr. 3, 2025 | 
| 
 A168538 
 | 
People v. K.D. 
 Regional center was required to provide report and proposed program for defendant eligible for developmental disability diversion so trial court could determine whether she would benefit from diversion.  | 
Criminal Law and Procedure | 
 | 
T. Brown | Apr. 1, 2025 | 
| 
 D084379  
 | 
McIntosh v. Superior Court (People)
 During the informal pleading stage of proceedings under the Racial Justice Act, a petitioner need only allege facts that would establish a violation to trigger the appointment of counsel.  | 
Criminal Law and Procedure | 
 | 
T. Do | Apr. 1, 2025 | 
| 
 A164679 
 | 
People v. Jackson
 Trial court committed prejudicial error in ruling Defendant met current requirements for felony murder when it primarily based its ruling on jury's special circumstance findings based on former instructions.  | 
Criminal Law and Procedure | 
 | 
T. Stewart | Apr. 1, 2025 | 
| 
 C101953  
 | 
People v. Griggs
 A judge's order recalling defendant's sentence and assigning the matter for resentencing under Penal Code Section 1172.1 is not appealable.  | 
Criminal Law and Procedure | 
 | 
J. Renner | Mar. 28, 2025 | 
| 
 23-469 
 | 
U.S. v. Holcomb
 Search warrant provision allowing for seizure of information displaying defendant's "dominion and control" over defendant's computer files was invalid as overbroad and insufficiently particular.  | 
Criminal Law and Procedure | 
 | 
J. Rakoff | Mar. 28, 2025 | 
| 
 B338111 
 | 
In re J.D. 
 Because juvenile's theft and assault charges were separate and distinct despite occurring within 30 minutes of each other, *Kellett* bar against multiple prosecutions was inapplicable.  | 
Criminal Law and Procedure, Juveniles | 
 | 
K. Yegan | Mar. 27, 2025 | 
| 
 B315418 
 | 
People v. Cabada 
 Remand was unnecessary where jury would have found aggravating factors true beyond a reasonable doubt if presented to them, and trial court indicated it would not have imposed lesser sentence.  | 
Criminal Law and Procedure | 
 | 
K. Yegan | Mar. 26, 2025 | 
| 
 23-1095 
 | 
Thompson v. United States
 Section 1014 violations for false statements to a federal loan or credit agency do not include misleading statements.  | 
Criminal Law and Procedure, Banking | 
 | 
J. Roberts | Mar. 24, 2025 | 
| 
 23-825 
 | 
Delligatti v. United States
 Knowing or intentional causation of injury necessarily involves the use of physical force, by act or omission, against another and is a crime of violence for 18 U.S.C. Section 924.  | 
Criminal Law and Procedure | 
 | 
C. Thomas | Mar. 24, 2025 | 
| 
 D084751 
 | 
Modification: Jackson v. Superior Court (People)
 Statistical and other evidence was sufficient to entitle defendant to evidentiary hearing on whether there was a violation of the Racial Justice Act due to officers' implicit bias.  | 
Criminal Law and Procedure | 
 | 
R. Huffman | Mar. 25, 2025 | 
| 
 G062427  
 | 
People v. Nguyen
 Defendants' petition for resentencing was remanded, as trial court did not appear to realize that it had discretion dismiss the special circumstances allegation attached to their murder charges.  | 
Criminal Law and Procedure | 
 | 
E. Moore | Mar. 25, 2025 | 
| 
 22-10161  
 | 
U.S. v. Hamilton
 Officers had probable cause for a warrantless arrest where defendant fled after officers attempted to stop him and the officers had evidence linking him to a prior shooting.  | 
Criminal Law and Procedure | 
 | 
D. Forrest | Mar. 25, 2025 | 
| 
 G061948  
 | 
People v. Woods
 Worker's compensation attorney should have been charged under specific Labor Code statute rather than general Penal Code statute for his role in business arrangement involving unlawful referral and kickback fees.  | 
Criminal Law and Procedure, Workers' Compensation | 
 | 
M. Sanchez | Mar. 20, 2025 | 
| 
 22-50160 
 | 
U.S. v. Parviz
 Use of forged letter to circumvent requirements for minors seeking passports satisfied aggravated identity theft statute because defendant's use of another's identity was at the crux of her passport fraud.  | 
Criminal Law and Procedure | 
 | 
D. Collins | Mar. 20, 2025 | 
| 
 B331764  
 | 
People v. Padron
 Trial court erred in denying asylee's request to vacate plea when asylee sufficiently evidenced that his mental impairment affected ability to fully understand plea's consequences which he would have rejected otherwise.  | 
Criminal Law and Procedure | 
 | 
G. Martinez | Mar. 19, 2025 | 
| 
 A169597  
 | 
People v. Batten
 Statute that treated inmates serving life sentences for murder differently depending on whether they were paroled before or after July 2020 did not violate equal protection.  | 
Criminal Law and Procedure, Constitutional Law | 
 | 
T. Brown | Mar. 19, 2025 | 
| 
 E079488  
 | 
People v. Tafoya
 Where defendant's Facebook posts were part of conduct constituting a credible threat, posts were not protected speech.  | 
Criminal Law and Procedure | 
 | 
M. Ramirez | Mar. 19, 2025 | 
| 
 23-4424 
 | 
U.S. v. Enriquez
 Anti-Kickback Statute's bona fide employee exception was an affirmative defense and did not need to be negated by the prosecution in the indictment.  | 
Criminal Law and Procedure | 
 | 
R. Tallman | Mar. 19, 2025 | 
| 
 D084192  
 | 
People v. Tang
 A stricken enhancement is not an "imposed" enhancement within the meaning of Penal Code Section 1172.75(a) and cannot be used to qualify for invalid prison prior enhancement resentencing.  | 
Criminal Law and Procedure | 
 | 
R. Huffman | Mar. 19, 2025 | 
| 
 G063126  
 | 
People v. Hyatt
 A defendant need not be incarcerated in state prison to meet right to speedy trial request requirements and may make the request while in county jail awaiting state prison term.  | 
Criminal Law and Procedure | 
 | 
M. Gooding | Mar. 18, 2025 | 
| 
 23-393 
 | 
U.S. v. Rodriguez-Arvizu
 Agents' failure to inform arrestee of his charges did not cause him to make incriminating statements, and therefore that violation did not require suppression of those statements.  | 
Criminal Law and Procedure | 
 | 
M. Smith | Mar. 18, 2025 | 
| 
 22-30179  
 | 
U.S. v. Thompson
 District court's reduced sentence for defendant, who committed the second largest data breach in the U.S. at the time, was clear error.  | 
Criminal Law and Procedure | 
 | 
D. Forrest | Mar. 18, 2025 | 
| 
 C099048 
 | 
People v. Gray
 Breaking locks to access utility bins and compartments on exterior of utility trucks was sufficient to support a conviction for second-degree burglary of a vehicle.  | 
Criminal Law and Procedure | 
 | 
L. Earl | Mar. 14, 2025 | 
| 
 23-927 
 | 
U.S. v. Sullivan
 Defendant was not entitled to a jury instruction requiring a nexus between his conduct and a Federal Trade Commission investigation for a Section 1505 obstruction conviction.  | 
Criminal Law and Procedure | 
 | 
M. McKeown | Mar. 14, 2025 | 
| 
 E082951 
 | 
People v. Faustinos
 Disagreeing with appellate opinion from one month prior, a trial court's order declining to act on Penal Code Section 1172.1 petition is not appealable because it does not affect a defendant's substantial rights.  | 
Criminal Law and Procedure | 
 | 
M. Raphael | Mar. 17, 2025 | 
| 
 E082722  
 | 
People v. Serna
 Because mens rea for Penal Code Section 148(a)(1), resisting an officer, does not require actual knowledge, defense counsel's failure to admit defendant's health records was not ineffective assistance.  | 
Criminal Law and Procedure | 
 | 
A. McKinster | Mar. 12, 2025 | 
