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Modification: People v. Munoz
Despite not requiring unanimity amongst jurors as to which specific overt act was required for conspiracy to commit murder, jury instructions did not violate Sixth Amendment.
Criminal Law and Procedure 1DCA/5 Jul. 15, 2025
People v. Valle
Statute criminalizing possession of "sharp instruments" by prisoners was not unconstitutionally vague as applied to defendant who hid a sharpened piece of plastic in his mattress.
Criminal Law and Procedure 2DCA/6 Jul. 15, 2025
U.S. v. Petrushkin
Mere possession of a firearm was insufficient to trigger the application of U.S. Sentencing Guideline section 2K2.1(c)(1), for possession in connection with the commission of another offense.
Criminal Law and Procedure 9th Jul. 15, 2025
People v. Brinson
Because Penal Code section 1171 did not override Penal Code section 1172.1(c), trial court's decision not to act on recall and resentencing request was nonappealable.
Criminal Law and Procedure 1DCA/3 Jul. 15, 2025
U.S. v. Schena
Payments from owner of medical diagnostic laboratory to intermediary marketers rather than to the doctors actually making patient referrals violated law anti-renumeration law.
Criminal Law and Procedure 9th Jul. 14, 2025
U.S. v. Westfall
Warrant based on information from confidential informant that was independently corroborated by police was supported by probable cause.
Criminal Law and Procedure 9th Jul. 11, 2025
Gray v. Superior Court (People)
Proximity to home where child engaged in independent study program associated with a public charter school did not trigger the placement restrictions for sexually violent predators eligible for conditional release.
Criminal Law and Procedure 5DCA Jul. 10, 2025
U.S. v. Vlha
The Second Amendment does not cover conduct regulated by 18 U.S.C. section 922(a)(1)(A) because requiring commercial firearm manufacturers to obtain licenses does not meaningfully constrain would-be purchasers from obtaining firearms.
Constitutional Law, Criminal Law and Procedure 9th Jul. 10, 2025
U.S. v. Bejar-Guizar
Border patrol agent's detention of man covered in mud near the border for questioning was supported by reasonable suspicion and did not violate the Fourth Amendment.
Criminal Law and Procedure, Immigration 9th Jul. 10, 2025
Modification: People v. Miller
Defendant charged with felony-murder following the passage of Senate Bill 1437 was not eligible for relief under Penal Code section 1172.6.
Criminal Law and Procedure 1DCA/5 Jul. 9, 2025
U.S. v. Liberato
Because government failed to meet its burden of proving beyond a reasonable doubt that individual stopped at border was ever free from official restraint before apprehension, criminal conviction was reversed.
Criminal Law and Procedure, Immigration 9th Jul. 9, 2025
People v. Jimenez
Trial court's dismissal of defendant's Racial Justice Act claim was appropriate where defendant's report provided only raw numbers with no meaningful effort to compare groups.
Criminal Law and Procedure 6DCA Jul. 8, 2025
People v. The North River Insurance Co.
When a surety has moved to vacate a bail forfeiture, Penal Code section 1305 does not authorize the trial court to compel the prosecution to make an extradition decision.
Criminal Law and Procedure CASC Jul. 8, 2025
People v. Barnum
Because evidence sufficiently supported direct aiding and abetting, defendant's first degree murder conviction did not warrant reversal when jury did not specify which theory it relied on to find guilt.
Criminal Law and Procedure 4DCA/1 Jul. 1, 2025
People v. Bray
Probation restriction that defendant refrain from dating, socializing, or forming a romantic relationship with" any person with physical custody of a minor unless approved was unconstitutionally overbroad.
Criminal Law and Procedure, Constitutional Law 6DCA Jul. 1, 2025
People v. Miller
Defendant charged with felony-murder following the passage of Senate Bill 1437 was not eligible for relief under Penal Code section 1172.6.
Criminal Law and Procedure 1DCA/5 Jul. 1, 2025
Teran v. Superior Court (People)
Despite obtaining the information from Los Angeles Sheriff's Department database, former employee did not violate Penal Code section 502(c)(2) because the information was publicly available on the Los Angeles Superior Court website.
Criminal Law and Procedure, Government 2DCA/5 Jun. 30, 2025
U.S. v. Keller
District court did not err in denying motion to suppress defendant-psychiatrist's journal because the seizure fell within the scope of the search warrant and its seizure was supported by probable cause.
Criminal Law and Procedure 9th Jun. 30, 2025
Gutierrez v. Saenz
Death row prisoner had standing to bring section 1983 claim challenging Texas's postconviction DNA testing procedures under the Due Process Clause.
Constitutional Law, Criminal Law and Procedure USSC Jun. 27, 2025
Hewitt v. U.S.
The First Step Act confers the benefit of the Act's more lenient penalties to defendants facing post-Act resentencing following vacatur of their pre-Act sentence.
Criminal Law and Procedure USSC Jun. 27, 2025
People v. Rhodius
Except for sentencing enhancements for sexually violent offenses, any prior-prison-term enhancement imposed prior to 2020 is legally invalid, regardless of whether it was actually executed or stayed.
Criminal Law and Procedure CASC Jun. 27, 2025
People v. Wiley
Overruling *People v. Towne*, California Supreme Court determined that trial court, in imposing the upper term based on aggravating facts not decided by a jury, engaged in impermissible fact finding.
Criminal Law and Procedure CASC Jun. 27, 2025
People v. Trent
Vacatur of defendant's murder conviction under Penal Code section 1172.6 rendered his gang offense "nonfinal" for purposes of the retroactive application of Assembly Bill No. 333.
Criminal Law and Procedure 3DCA Jun. 26, 2025
People v. Dixon
Criminal defendant was not eligible to have his death sentence reduced under Penal Code Section 1172.75 because habeas corpus remained the exclusive method for collaterally attacking such a sentence.
Criminal Law and Procedure 2DCA/7 Jun. 26, 2025
People v. Munoz
Despite not requiring unanimity amongst jurors as to which specific overt act was required for conspiracy to commit murder, jury instructions did not violate Sixth Amendment.
Criminal Law and Procedure 1DCA/5 Jun. 26, 2025
In re Brissette
Penal code sections 1172.2 and 1170.1(c) are not irreconcilable--the latest court to impose a sentence in a multiple-case situation is the sentencing court, which then becomes the court to rule on compassionate release.
Habeas Corpus, Criminal Law and Procedure 5DCA Jun. 25, 2025
People v. Ramos
No evidentiary error when trial court admitted transcripts from co-participant's jury trial to determine that defendant was ineligible for Penal Code section 1172.6 resentencing.
Criminal Law and Procedure, Evidence 4DCA/3 Jun. 25, 2025
People v. Walts
Protective order forbidding convicted sex offender from contacting his ex-wife and two of his children was inappropriate where they were not named as victims of his underlying offense of conviction.
Criminal Law and Procedure 5DCA Jun. 25, 2025
People v. Barrett
Trial court did not abuse its discretion in allowing evidence of defendant's violent character after defense counsel sought to introduce evidence of victim's violent character.
Criminal Law and Procedure CASC Jun. 24, 2025
Esteras v. U.S.
District court considering revoking supervised release may not consider whether the punishment reflects the seriousness of the offense, promotes respect for the law, or provides just punishment for the offense.
Criminal Law and Procedure USSC Jun. 23, 2025