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Karnazes v. The Lauriedale Homeowners Assn.
Disbarred attorney who had maintained nine appeals was considered a vexatious litigant because she had at least five litigations in the past year adversely decided against her. 		Criminal Law and Procedure 1DCA/3 Oct. 13, 2023
People v. Evers
Criminal defendant forfeited constitutional challenges to restitution fines based on ability to pay because his counsel failed to timely raise them during sentencing hearing. 		Criminal Law and Procedure 1DCA/4 Oct. 10, 2023
U.S. v. Scott
Courts may use the harm definition for "serious bodily injury" when applying a sentencing enhancement to aggravated sexual assault because the victim's injuries are not addressed in the base offense. 		Criminal Law and Procedure 9th Oct. 9, 2023
Amended Opinion: U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. 		Criminal Law and Procedure 9th Oct. 9, 2023
U.S. v. Barlow
Defendant's prior conviction for aggravated assault constituted a "crime of violence" under the United States Sentencing Guidelines because he used physical force against another. 		Criminal Law and Procedure 9th Oct. 5, 2023
Modification: People v. Escobedo
Order denying freestanding petitions for resentencing was not appealable as an order affecting the petitioners' substantive rights as the trial court lacked jurisdiction to adjudicate the petitions. 		Criminal Law and Procedure 2DCA/6 Oct. 4, 2023
People v. Trent
Vacatur of defendant's murder conviction under Section 1172.6 rendered conviction nonfinal for the purposes of Assembly Bill 333 (employing retroactively ameliorative laws regarding criminal street gangs). 		Criminal Law and Procedure 3DCA Oct. 4, 2023
Modification: People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative. 		Criminal Law and Procedure 1DCA/5 Oct. 3, 2023
U.S. v. Cabrera
District court did not err in including overlapping days between two convictions to defendant's criminal history score. 		Criminal Law and Procedure 9th Oct. 2, 2023
People v. Lee
A defendant convicted of provocative-act-murder may be eligible for resentencing because it is a theory in which malice was imputed to the defendant solely based on his participation in a crime. 		Criminal Law and Procedure 2DCA/1 Sep. 29, 2023
People v. Davenport
Previously admitted witness testimony from preliminary hearing could be considered by trial court during resentencing petition hearing where the basis for its admission was still valid under current law. 		Criminal Law and Procedure 1DCA/4 Sep. 29, 2023
In re Casey
As Governor's decision to deny parole to inmate was supported by "some evidence," trial court's granting of writ was improper. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2023
People v. Peterson
Despite the off-putting nature of defendant's constitutionally protected speech dealing with local political issues, they contained no credible threats and could not serve as the basis of a stalking conviction. 		Criminal Law and Procedure 1DCA/3 Sep. 28, 2023
People v. Bodely
As the record conclusively established defendant as the actual killer, Penal Code Section 1172.6 resentencing was unavailable despite felony murder being used as theory to prove guilt. 		Criminal Law and Procedure 6DCA Sep. 28, 2023
People v. Panighetti
Trial court did not err by instructing jury that it could consider defendant's prior uncharged sex offenses against victim. 		Criminal Law and Procedure 3DCA Sep. 27, 2023
People v. Bratton
Petitioner could not contest being actual shooter in motion to vacate murder conviction where information included personal use firearm enhancements submitted to a jury after trial and found true. 		Criminal Law and Procedure 4DCA/2 Sep. 27, 2023
People v. Fisher
Defendant was ineligible for Penal Code Section 1172.6 resentencing because he admitted to shooting and killing victim at his plea colloquy. 		Criminal Law and Procedure 2DCA/5 Sep. 26, 2023
Sandoval v. Superior Court (People)
A proceeding under Penal Code section 1172.6 following remand does not constitute a "new trial" within the meaning of Section 170.6(a)(2) that would entitle a defendant to exercise a peremptory challenge. 		Criminal Law and Procedure 6DCA Oct. 3, 2023
People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. 		Criminal Law and Procedure 4DCA/1 Sep. 25, 2023
People v. Morones
Defendant's attempts to get his children to lie to law enforcement regarding their victimization did not constitute attempts to dissuade a witness from reporting a crime or testifying at trial. 		Criminal Law and Procedure 3DCA Sep. 21, 2023
People v. Suazo
Drunk driver's second degree murder charge was upheld because there was evidence he drove to a birthday party without a plan to avoid driving with a dangerous blood-alcohol level. 		Criminal Law and Procedure 5DCA Sep. 21, 2023
Modification: People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action. 		Criminal Law and Procedure 6DCA Sep. 21, 2023
U.S. v. Marschall
The recidivist version of the crime of introduction of misbranded drugs into commerce does not have a scienter element that the defendant knew the drug was misbranded. 		Criminal Law and Procedure 9th Sep. 21, 2023
Modification: People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. 		Criminal Law and Procedure 3DCA Sep. 20, 2023
People v. Aguilar-Jimenez
Trial court's Penal Code Section 995 dismissal, recharged by information after magistrate dismissed the counts under Section 871 in the same action, did not run afoul of two-dismissal rule. 		Criminal Law and Procedure 6DCA Sep. 19, 2023
People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative. 		Criminal Law and Procedure 1DCA/5 Sep. 15, 2023
People v. Manzoor
Reduction of defendant's felony violation of attempting to distribute harmful material to a minor to a misdemeanor did not relieve him of his lifetime duty to register as a sex offender. 		Criminal Law and Procedure 1DCA/1 Sep. 15, 2023
U.S. v. Montoya
A court must orally pronounce all discretionary conditions of supervised release to protect a defendant's due process right to be present at sentencing. 		Criminal Law and Procedure 9th Sep. 14, 2023
People v. Slaton
Penal Code Section 352.2, which limits the admissibility of creative expression evidence (such as rap lyrics), does not apply retroactively. 		Criminal Law and Procedure 3DCA Sep. 13, 2023
People v. Escobedo
Trial court's order was nonappealable when it lacked jurisdiction to adjudicate petitions to strike prior prison term enhancements pursuant to Section 667.5(b). 		Criminal Law and Procedure 2DCA/6 Sep. 13, 2023
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