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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Hart
Personal use of a firearm was not an ultimate fact of murder, so jury's not true finding regarding firearm allegation did not have preclusive effect on murder resentencing proceedings. 		Criminal Law and Procedure 4DCA/1 Sep. 3, 2025
People v. Isayev
Youthful offender's eligibility for Penal Code section 3051's Youth Offender Parole Program made him ineligible for Penal Code section 11709(d) resentencing. 		Criminal Law and Procedure 3DCA Sep. 3, 2025
Arriaga v. Superior Court (People)
Delay of almost sixteen years between felony complaint and arraignment violated defendant's speedy trial right where the delay resulted in the loss of testimony that would have assisted his defense. 		Criminal Law and Procedure 2DCA/3 Sep. 3, 2025
People v. Midell
Defense counsel's repeated comparisons of defendant to an animal during closing to negate intent elements were invited error and could not serve as basis for Racial Justice Act claim. 		Criminal Law and Procedure 1DCA/2 Sep. 2, 2025
People v. Baldwin
Limiting resentencing to juvenile offenders expressly sentenced to life without the possibility of parole rather than those serving a term of years with parole eligibility did not violate equal protection. 		Criminal Law and Procedure 5DCA Aug. 29, 2025
People v. Mendez-Torres
Modified jury instruction that defined the force required for robbery without any reference to the victim's physical resistance misstated the law and required reversal. 		Criminal Law and Procedure 1DCA/5 Aug. 29, 2025
People v. Aguirre
Retroactive application of Assembly Bill 333 invalidated death row inmate's gang-related enhancements, special circumstance, and death sentence due to prejudicial instructional error under outdated law. 		Criminal Law and Procedure CASC Aug. 29, 2025
U.S. v. Hunt
Despite defendant retaining a privacy interest in abandoned iPhone, because the subsequent search was warrant-based and reasonable, there was no Fourth Amendment violation. 		Criminal Law and Procedure, Evidence 9th Aug. 28, 2025
People v. Gutierrez
Upon prima facie showing for relief under Penal Code section 1473.7 (insufficient advisement of immigration consequences), a court is required to appoint counsel to an indigent defendant. 		Criminal Law and Procedure 2DCA/5 Aug. 27, 2025
U.S. v. Olivas
District court did not plainly err by admitting expert's opinion that gang "secretaries," such as defendant, know "everything" about gang activities because the statements were not explicitly about defendant's mental state. 		Criminal Law and Procedure 9th Aug. 26, 2025
People v. Fletcher
Assembly Bill 333's narrowed gang definitions apply to the determination of whether a prior conviction qualifies as a serious or violent felony for purposes of the Three Strikes law and prior serious felony enhancements. 		Criminal Law and Procedure CASC Aug. 26, 2025
Modification: People v. Wright
Despite the trial court providing incorrect jury instructions regarding the defendant's involuntary intoxication defense, because the overall evidence displayed the required intent for robbery, the error was harmless. 		Criminal Law and Procedure 2DCA/8 Aug. 25, 2025
People v. Wright
Despite the trial court providing incorrect jury instructions regarding the defendant's involuntary intoxication defense, because the overall evidence displayed the required intent for robbery, the error was harmless. 		Criminal Law and Procedure 2DCA/8 Aug. 22, 2025
People v. Singleton
Trial court lacked jurisdiction to resentence defendant to longer term even though the defendant's initial sentence was unauthorized. 		Criminal Law and Procedure 2DCA/7 Aug. 22, 2025
U.S. v. Manning
In light of *United States v. Barker*, courts may not bifurcate a trial on the different elements of a single Violent Crimes in Aid of Racketeering (VICAR) murder charge. 		Criminal Law and Procedure 9th Aug. 21, 2025
People v. Dejesus-Galindo
Because jury instructions on propensity evidence did not lower the standard of proof and evidence overwhelmingly supported jury's guilty verdict, any instructional error was harmless. 		Criminal Law and Procedure 1DCA/4 Aug. 20, 2025
Gonzalez v. Herrera
The First Step Act's time credit scheme allows for the reduction in length of a supervised release term. 		Criminal Law and Procedure 9th Aug. 20, 2025
Gomez v. Superior Court (People)
Trial court abused its discretion in denying plaintiff's mental health diversion request when prosecution failed to rebut the presumption that the mental disorder was a causal factor. 		Criminal Law and Procedure 3DCA Aug. 19, 2025
Amended Opinion: U.S. v. Plancarte
Government did not breach plea agreement by submitting supplemental memorandum opining about defendant's "worrying" conduct and past arrest history. 		Criminal Law and Procedure 9th Aug. 19, 2025
People v. Alvarez
Trial court did not err in denying motion to sever two murder trials, where similarities in both murders rendered evidence cross-admissible to establish intent and lack of mistake. 		Criminal Law and Procedure CASC Aug. 19, 2025
People v. Cannon
Jury trial waiver procedure under the Sexually Violent Predators Act should be subject only to rational-basis review because it does not implicate a fundamental right or interest. 		Criminal Law and Procedure CASC Aug. 19, 2025
People v. Skaggs
Trial court erred by construing non-statutory motion to dismiss on constitutional due process grounds as a section 1385 motion, which led it to incorrectly conclude that it lacked authority to consider the motion. 		Criminal Law and Procedure 1DCA/3 Aug. 18, 2025
People v. Pena
Penal Code section 136.2(i)(1) does not authorize trial courts to issue protective orders for victims of a crime other than the one of which defendant was convicted. 		Criminal Law and Procedure 2DCA/7 Aug. 15, 2025
People v. Hayde
Trial court erred in not taking into account various factors of veteran's history to resentence him pursuant to Penal Code section 1170.91. 		Criminal Law and Procedure 4DCA/3 Aug. 14, 2025
Bieganski v. Shinn
Because Arizona's statutory scheme shifted the burden of proving an essential element of the sexual molestation crime, it unconstitutionally violated the Due Process Clause. 		Criminal Law and Procedure, Habeas Corpus 9th Aug. 13, 2025
People v. Fleming
Where trial court's language did not "clearly indicate" that it would have imposed the upper sentence, case was remanded for resentencing. 		Criminal Law and Procedure 2DCA/6 Aug. 7, 2025
People v. Harlow
Defendant was eligible for mental health diversion even though his diagnoses came three years after offense because the diagnoses were made within the window established by the Legislature. 		Criminal Law and Procedure 4DCA/1 Aug. 7, 2025
U.S. v. Bradford
Indictment was not duplicitous where its counts merely described multiple means by which the defendant could commit a single crime rather than including multiple offenses in a single count. 		Criminal Law and Procedure 9th Aug. 5, 2025
People v. Dain
The proper remedy for errors in a trial court's order dismissing a strike under the Three Strikes Law is a remand that allows for further proceedings-- not remand with directions. 		Criminal Law and Procedure CASC Aug. 5, 2025
People v. Faial
Probation could not be revoked where ameliorative legislation operated retroactively to shorten probationer's term such that it terminated before the revocation occurred. 		Criminal Law and Procedure CASC Aug. 1, 2025
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