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Blackman v. Cisneros
Because federal prisoner failed to demonstrate that his mental impairment was a but-for cause of untimely federal habeas petition, equitable tolling was unjustifiable. 		Criminal Law and Procedure 9th Dec. 2, 2024
People v. Multani
Trial court properly denied prisoner's compassionate release request because there was no evidence of cancer's progression, therefore no longer meeting end-of-life trajectory requirement. 		Criminal Law and Procedure 2DCA/3 Nov. 29, 2024
People v. Dowdy
Section 1385's mitigating circumstances for striking enhancements do not apply to motions to dismiss prior strikes under the Three Strikes law. 		Criminal Law and Procedure 1DCA/5 Nov. 29, 2024
People v. Canales
In reciting CALCRIM No. 252 to jury, though trial court erred in instructing jury that offense of continuous sexual abuse was a "general intent" crime, the error was harmless. 		Criminal Law and Procedure 2DCA/8 Nov. 27, 2024
Garcia v. Superior Court (City of Los Angeles)
Penal Code Section 1172.6 (felony murder resentencing) permits petitioners to obtain post-conviction discovery following order to show cause to enable defense against new theories of liability. 		Criminal Law and Procedure 2DCA/7 Nov. 22, 2024
People v. North River Insurance Co.
Bail bond was not void despite the fact that ancillary premium financing agreement was unenforceable because the agreements were separate and involved different consideration. 		Criminal Law and Procedure, Contracts 2DCA/3 Nov. 22, 2024
Modification: People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. 		Criminal Law and Procedure, Evidence 4DCA/1 Nov. 22, 2024
People v. Jones
Failure to give unanimity instruction was harmless error where jury's findings indicated it unanimously concluded he had requisite intent to commit sexual assault when he entered dwelling to commit burglary. 		Criminal Law and Procedure 1DCA/1 Nov. 22, 2024
People v. Bagsby
Although distinguishing between resentencing juveniles with an explicit life without parole sentence and juveniles with a functionally equivalent sentence violates equal protection, the proper remedy is not to strike the provision. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2024
People v. Ibarra
Because the trial court improperly instructed jury on the possibility that defendant concurrently intended to kill victim, it erred when it provided the jury with the kill zone instruction. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2024
People v. Martinez
Defendant was not entitled to a heat of passion jury instruction based on alleged "slight touching" by the victim prior to attempted murder. 		Criminal Law and Procedure 2DCA/3 Nov. 21, 2024
People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction. 		Criminal Law and Procedure, Evidence 3DCA Nov. 20, 2024
U.S. v. Porter
Admission of propensity evidence does not violate Fifth Amendment due process principles where courts evaluate whether the probative value outweighs the potential for prejudice under Rule of Evidence 403. 		Evidence, Criminal Law and Procedure 9th Nov. 18, 2024
U.S. v. Holmes
Office good-faith exception did not apply to warrantless viewing of hash-value-matched child pornography images. 		Criminal Law and Procedure 9th Nov. 14, 2024
Sanchez v. Superior Court (People)
Trial court did not abuse its discretion when it ordered public defender replaced--against defendant's wishes--to eliminate conflict between counsel's obligations and defendant's rights under the Racial Justice Act. 		Attorneys, Criminal Law and Procedure 4DCA/2 Nov. 11, 2024
Mountain View Police Dept. v. Krepchin
Penal Code Section 18175's gun violence protective order does not violate the Second Amendment. 		Criminal Law and Procedure 6DCA Nov. 6, 2024
U.S. v. Pham
Defendant's admission in plea agreement to "knowingly and intentionally" distributing narcotic pills and issuing prescriptions without a legitimate purpose provided requisite mens rea for conviction under the Controlled Substances Act. 		Criminal Law and Procedure 9th Nov. 6, 2024
Banuelos v. Superior Court (Azusa Police Dept.)
Because amendment to Penal Code Section 832.7 allows access to law enforcement records relating to findings of officer's dishonesty, protective order was unnecessary. 		Criminal Law and Procedure 2DCA/8 Nov. 6, 2024
Hamm v. Smith
Death row inmate's vacated death sentence required reassessment when it was unclear how his intellectual ability score was evaluated. 		Criminal Law and Procedure USSC Nov. 5, 2024
Martinez v. Superior Court (People)
Withdrawing a plea deal and subsequently contending that the reinstatement of charges would constitute double jeopardy was not sufficient to require dismissal of charges. 		Criminal Law and Procedure 6DCA Nov. 4, 2024
People v. Serrano
While the California Racial Justice Act allows defendants to file a stand-alone post-judgment discovery motion before filing a habeas petition, an order denying post-judgment discovery is not appealable. 		Criminal Law and Procedure 3DCA Oct. 31, 2024
People v. Villagrana
Petitioner was ineligible for resentencing relief on voluntary manslaughter offense where his plea and admission to enhancement allegations demonstrated he could presently be convicted of murder. 		Criminal Law and Procedure 2DCA/6 Oct. 31, 2024
People v. Field
Equal protection principles were violated by requiring defendants to testify during their commitment trials under the Sexually Violent Predators Act. 		Constitutional Law, Criminal Law and Procedure 4DCA/1 Oct. 30, 2024
People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 29, 2024
People v. Rogers
Transferring to a different county's probation department was not a factual basis for modifying probation to include drug and alcohol-related conditions. 		Criminal Law and Procedure 4DCA/2 Oct. 29, 2024
People v. Thompson
Successive limited habeas corpus petition was the proper vehicle for capital defendant seeking resentencing relief under ameliorative changes to murder statutes due to the requirements of voter-approved Proposition 66. 		Habeas Corpus, Criminal Law and Procedure 4DCA/2 Oct. 29, 2024
Modification: People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. 		, Criminal Law and Procedure 1DCA/4 Oct. 29, 2024
U.S. v. Sharma
Federal sentencing enhancements involving child pornography did not violate Due Process Clause. 		Criminal Law and Procedure 9th Oct. 29, 2024
U.S. v. Shih
The higher base offense level for a violation of the International Emergency Economic Powers Act was appropriate to use in sentencing an individual who exported monolithic microwave integrated circuits for a Chinese military weapons developer. 		Criminal Law and Procedure, International Law 9th Oct. 28, 2024
People v. Royal
Arson's malice requirement was met where defendant caused a fire while manufacturing a controlled substance. 		Criminal Law and Procedure 1DCA/2 Oct. 25, 2024
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