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Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest. 		Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 29, 2024
People v. Hernandez
Defendant's appeal was dismissed when no issue was presented pertaining to the matter appealed and the court lacked jurisdiction on the only (unrelated) issue raised. 		Criminal Law and Procedure 5DCA Jul. 26, 2024
Ruelas v. County of Alameda
Non-convicted incarcerated individuals performing services in county jails for a private, for-profit company had no wage and hour claims under the California Labor Code. 		Criminal Law and Procedure, Employment Law 9th Jul. 29, 2024
Lee v. Thornell
Because absence of additional mitigating evidence of defense counsel was due more to lack of available evidence rather than to counsel's incompetence, district court did not err in denying habeas relief. 		Criminal Law and Procedure 9th Jul. 25, 2024
People v. Jimenez
Youthful offender's second resentencing petition was not barred by issue preclusion because his initial petition was filed before material shift in law regarding youthful offender's legal culpability. 		Criminal Law and Procedure 4DCA/1 Jul. 24, 2024
U.S. v. Yepez
Compassionate release provision may not be used to shorten the terms of a supervised release. 		Criminal Law and Procedure 9th Jul. 24, 2024
People v. Hernandez
Prosecution could not rescind plea agreement due to changes in sentence resulting from applications of ameliorative sentencing laws pursuant to the provisions of Penal Code Section 1172.5. 		Criminal Law and Procedure 4DCA/3 Jul. 23, 2024
People v. Esquivias
Trial courts that grant habeas review are not obligated to revisit a defendant's entire sentence on review. 		Criminal Law and Procedure 2DCA/2 Jul. 22, 2024
U.S. v. Rundo
Repetitive and organized nature of violent conduct, previous criminal history, and strength of evidence were sufficient to set defendant and purported similarly-situated comparator conduct apart. 		Criminal Law and Procedure 9th Jul. 19, 2024
People v. Caparrotta
Defense counsel's facially neutral reason for peremptory challenge did not require totality of the circumstances analysis by the trial court because other reasons offered were conclusively invalid by statute. 		Criminal Law and Procedure 4DCA/1 Jul. 18, 2024
Mendoza v. Superior Court (People)
Instead of using formulaic pandemic excuses, trial courts must establish and evidence good cause for misdemeanor trial delays specific to the case. 		Criminal Law and Procedure 1DCA/4 Jul. 17, 2024
U.S. v. Livar
Due process requires a judicial determination that defendant breached a plea agreement before imposing a higher-end sentence; but the government need not secure that determination before recommending the revised sentence. 		Criminal Law and Procedure 9th Jul. 16, 2024
People v. Velador
Trial courts have jurisdiction to grant mental health diversion to criminal defendants after the issue of defendant's competency has been raised but before competency has been decided. 		Criminal Law and Procedure 4DCA/2 Jul. 15, 2024
People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill. 		Criminal Law and Procedure 6DCA Jul. 15, 2024
Rodriguez v. Superior Court (People)
After deducting time attributable to defense-requested delays, criminal defendant had not been committed under the incompetence program beyond the maximum of two years. 		Criminal Law and Procedure 6DCA Jul. 12, 2024
People v. Wood
Trial court abused its discretion by not staying civil proceedings in the face of inherent unfairness from parallel criminal proceedings based on same conduct where defendant was indigent and unrepresented. 		Criminal Law and Procedure 4DCA/3 Jul. 12, 2024
People v. Lamb
Death penalty vacated where evidence could no longer support jury's decision of gang-murder special-circumstance allegation after passage of Assembly Bill 333. 		Criminal Law and Procedure CASC Jul. 12, 2024
People v. Arellano
Penal Code Section 1172.6(e) resentencing does not permit courts to impose a sentencing enhancement or allegation unless it was pled and either proven to the trier of fact or by admission in open court. 		Criminal Law and Procedure CASC Jul. 12, 2024
People v. Canales
Defendant's challenge to jury instructions for continuous sexual abuse of children was precluded by the presumption of mandatory culpability. 		Criminal Law and Procedure 2DCA/8 Jul. 11, 2024
Marks v. Davis
State adjudication of intellectual disability-based habeas petition that contained material misstatements of facts regarding expert testimony in the record was based on an unreasonable determination of the facts. 		Criminal Law and Procedure 9th Jul. 10, 2024
People v. Morgan
Resisting an officer by "force or violence" under Penal Code Section 69(a) does not require the use of force or violence "upon the person of" the officer, in this case applying to aiming an unloaded gun at an officer. 		Criminal Law and Procedure 1DCA/1 Jul. 9, 2024
People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper. 		Criminal Law and Procedure 5DCA Jul. 3, 2024
People v. Rodriguez
Defendant's guilty plea precluded trial court from making credibility determinations regarding his intent and, coupled with testimony he acted alone, was sufficient to establish his personal intent to kill. 		Criminal Law and Procedure 2DCA/6 Jul. 3, 2024
People v. Ramos
Trial court did not err in denying Penal Code Section 1172.6 resentencing request when defendant admitted everything necessary for establishing guilt in his plea agreement. 		Criminal Law and Procedure 4DCA/3 Jul. 5, 2024
U.S. v. Atherton
Defendant failed to establish that the district court relied on false or unreliable information during sentencing based on the court's comments that research on sex offenses was only in its early stages. 		Criminal Law and Procedure 9th Jul. 5, 2024
People v. Singh
Officer's Punjabi translation of *Miranda* rights, while not a strict translation, properly conveyed defendant's rights. 		Criminal Law and Procedure 5DCA Jul. 2, 2024
People v. Reed
Amendments that shortened parolee's maximum parole term from life to three years also rendered mandatory penalty provision for lifetime parolee violations inapplicable. 		Criminal Law and Procedure 1DCA/3 Jul. 2, 2024
People v. Cofer
When sentencing a defendant concurrently at a single hearing to resolve multiple cases, trial courts must apply presentence credits for all periods of actual custody toward all concurrent sentences. 		Criminal Law and Procedure 6DCA Jul. 2, 2024
Molina v. Superior Court (People)
Trial court erred in not providing defendant a separate interpreter when his preliminary examination also involved non-English speaking two codefendants and witnesses. 		Criminal Law and Procedure 6DCA Jul. 2, 2024
People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest. 		Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 2, 2024
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