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People v. McDowell
Elevated sentence was not error under Senate Bill 81 where the sentence was imposed pursuant to an alternative punishment provision for aggravated circumstances of underlying felony rather than an enhancement. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
Modification: People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. 		Criminal Law and Procedure 2DCA/2 Feb. 26, 2024
People v. Clark
Proving a "pattern of criminal gang activity" following Assembly Bill 333's amendments requires a nexus between the two predicate offenses to a gang as an organized, collective enterprise. 		Criminal Law and Procedure CASC Feb. 23, 2024
People v. Hall
Because defendant's actions after fleeing from mental health diversion program met statutory definition of criminal conduct, trial court did not err in reinstating his criminal proceedings. 		Criminal Law and Procedure 2DCA/1 Feb. 23, 2024
McElrath v. Georgia
Verdict of "not guilty by reason of insanity" constituted an acquittal for double jeopardy purposes notwithstanding jury's inconsistent verdicts. 		Criminal Law and Procedure USSC Feb. 22, 2024
People v. Garcia
Trial court's decision authorizing hospital to involuntarily administer antipsychotic medication to plaintiff was substantially supported by the evidence. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2024
People v. Kim
Officers' false statements in police reports regarding hitting a fleeing suspect with their car were "material" since a reasonable person would deem them an important part of the reports. 		Criminal Law and Procedure 2DCA/5 Feb. 21, 2024
People v. Yeager-Reiman
Because plaintiff's prosecution for defrauding veteran's program was not preempted by federal regulations, trial court had jurisdiction over his case. 		Criminal Law and Procedure 2DCA/5 Feb. 21, 2024
People v. Rouston
Defendant's conviction reversed where trial court committed prejudicial evidentiary error in allowing detective's opinion that was based on witness's testimony. 		Criminal Law and Procedure 4DCA/1 Feb. 21, 2024
Bonds v. Superior Court (People)
Trial court erred by not considering abundant evidence of police officer's implicit bias in defendant's Racial Justice Act claim. 		Criminal Law and Procedure 4DCA/1 Feb. 16, 2024
Modification: People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day. 		Criminal Law and Procedure 4DCA/1 Feb. 16, 2024
U.S. v. Parkins
Consent-based search was invalid where defendant, in the presence of the police, told his girlfriend not to let the police enter his apartment. 		Criminal Law and Procedure 9th Feb. 15, 2024
People v. Kimble
Senate Bill 483 did not require trial court to resentence defendant who had been previously denied resentencing under the Three Strikes Reform Act. 		Criminal Law and Procedure 3DCA Feb. 13, 2024
Modification: Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans. 		Criminal Law and Procedure 4DCA/2 Feb. 13, 2024
Modification: People v. Jimenez
Prosecutors could remove a prospective Latina juror via peremptory challenge because her repeated statements that she would have a difficult time being fair were unrelated to her race. 		Criminal Law and Procedure 4DCA/1 Feb. 8, 2024
M.A. v. B.F.
Plaintiff could not sue for domestic violence because the pair's "friends with benefits" sporadic sexual encounters did not qualify as a "dating relationship." 		Criminal Law and Procedure 4DCA/3 Feb. 7, 2024
People v. Jimenez
Prosecutors could remove a prospective Latina juror via peremptory challenge because her repeated statements that she would have a difficult time being fair were unrelated to her race. 		Criminal Law and Procedure 4DCA/1 Feb. 6, 2024
In re Vaquera
Defendant's due process rights were violated by prosecution's failure to provide notice of its election to seek an increased sentence under One Strike Law. 		Criminal Law and Procedure CASC Feb. 6, 2024
People v. Dean
During complete resentencing, only the defendant's actual time served should be recalculated for sentence-shortening credit purposes because post-sentencing conduct credits are the purview of the Department of Corrections and Rehabilitation. 		Criminal Law and Procedure 1DCA/4 Feb. 2, 2024
People v. Dain
Dismissal of prior conviction under Three Strikes sentencing scheme was an abuse of discretion where nothing about the defendant indicated he fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2024
In re Duong
Petitioner could not file an appeal from the denial of his writ of habeas corpus under newly enacted Penal Code Section 1509.1 because he was not in custody pursuant to the death penalty when he filed his appeal. 		Criminal Law and Procedure 2DCA/1 Jan. 31, 2024
People v. Brooks
Witness asserted valid Fifth Amendment privilege through counsel despite not being called and sworn, so related jury instruction was proper. 		Criminal Law and Procedure 4DCA/1 Jan. 31, 2024
People v. Underwood
Resentencing was required where criminal defendant could no longer be convicted of felony murder because his participation in underlying felony lacked intent to kill or reckless indifference to human life. 		Criminal Law and Procedure 1DCA/2 Jan. 31, 2024
Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans. 		Criminal Law and Procedure 4DCA/2 Jan. 29, 2024
U.S. v. Virgen-Mendoza
Government's misstatement that co-conspirator did not need actual knowledge of his brother's intent to flee was not prejudicial because it presented evidence that defendant knew of his brother's flight. 		Criminal Law and Procedure 9th Jan. 29, 2024
People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day. 		Criminal Law and Procedure 4DCA/1 Jan. 26, 2024
Chavez v. Superior Court (People)
Trial court had post-indictment authority to resubmit enhancement to grand jury to permit prosecution to present evidence relevant to newly enacted elements of gang enhancement rather than dismissing it. 		Criminal Law and Procedure 2DCA/2 Jan. 26, 2024
People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. 		Criminal Law and Procedure 2DCA/2 Jan. 26, 2024
U.S. v. Gambino-Ruiz
Government did not violate defendant's due process rights when it removed him via expedited proceedings, and he was properly convicted of illegal reentry. 		Criminal Law and Procedure 9th Jan. 25, 2024
People v. Smyth
Registered sex offender ineligible for relief from registration requirement because he was not a California resident required to register under Section 290, which was a prerequisite for relief. 		Criminal Law and Procedure 3DCA Jan. 25, 2024
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