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People v. Smith
A trial court did not err in failing to instruct the jury sua sponte on a lesser included offense because no reasonably jury could conclude that the defendant was guilty of the lesser, but not the greater offense. 		Criminal Law and Procedure 4DCA/1 Oct. 15, 2021
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case. 		Criminal Law and Procedure 6DCA Oct. 14, 2021
People v. Sands
Because the legislature had a rational basis to allow parole to certain youthful offenders, but not others, Penal Code Section 3051 did not violate the Equal Protection Clause. 		Criminal Law and Procedure 1DCA/5 Oct. 14, 2021
U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement. 		Criminal Law and Procedure 9th Oct. 14, 2021
People v. Montes
A juvenile resentencing hearing, although it ultimately resulted in the same sentence, vacated the earlier judgment and entitled defendant to a juvenile transfer hearing. 		Criminal Law and Procedure 4DCA/2 Oct. 11, 2021
U.S. v. Yates
Because there is no cognizable property interest in the right to accurate information, the defendants could not be convicted for conspiracy to commit bank fraud. 		Criminal Law and Procedure 9th Oct. 11, 2021
People v. Flores
Juror declarations about statements made during deliberation were admissible because they showed information that was available to the jury rather than any juror's subjective decision-making process. 		Criminal Law and Procedure 3DCA Oct. 11, 2021
Banerjee v. Superior Court (People)
Disclosure of financial interests to patients did not excuse a physician when he referred patients to other entities that he owned. 		Criminal Law and Procedure 4DCA/2 Oct. 7, 2021
People v. The North River Insurance Co.
Because a bond was exonerated when defendant appeared within the appearance period, there was no jurisdiction over a bail bond company to pay extradition costs. 		Criminal Law and Procedure 2DCA/7 Oct. 6, 2021
People v. Bravo
Because there was no evidence that an immigration-neutral bargain could have been reached, defendant's inadequate advisement claim failed. 		Criminal Law and Procedure 4DCA/2 Oct. 6, 2021
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case. 		Criminal Law and Procedure 6DCA Oct. 6, 2021
Murchison v. County of Tehama
There was a triable issue as to whether police officers fell under the exigent circumstances exception when they entered plaintiff's property without a warrant upon discovering a rifle. 		Criminal Law and Procedure 3DCA Oct. 4, 2021
People v. Pillsbury
A recommendation by the Secretary of the Department of Corrections and Rehabilitation gives the court authority to recall a defendant's sentence and then resentence him. 		Criminal Law and Procedure 3DCA Oct. 4, 2021
Folsom Police Dept. v. M.C.
Police may petition to dispose of the firearms of individuals who were placed on a mental health hold and assessed, but not admitted for further evaluation. 		Criminal Law and Procedure 3DCA Oct. 4, 2021
U.S. v. Madrid-Becerra
For sentencing purposes, Arizona's early conditional release program is a "criminal justice sentence." 		Criminal Law and Procedure 9th Oct. 4, 2021
Amended Opinion: Pavulak v. von Blanckensee
Federal prisoner could not show that he lacked an unobstructed procedural shot at presenting his challenge to sentencing enhancement under 28 U.S.C. Section 2241 petition. 		Criminal Law and Procedure 9th Oct. 4, 2021
People v. Wilson
Because the California Supreme Court changed the standards for certain felony murder inquiries, earlier jury findings do not mean defendant meets the modern standard. 		Criminal Law and Procedure 4DCA/1 Oct. 1, 2021
People v. Myles
A defendant's parole risk assessment and parole suitability hearing transcript were admissible in her resentencing hearing. 		Criminal Law and Procedure 1DCA/1 Oct. 1, 2021
People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between. 		Criminal Law and Procedure 6DCA Oct. 1, 2021
People v. Morales
The right to use deadly force to prevent a robbery requires a reasonable belief that the victim of the robbery would suffer great bodily injury or death. 		Criminal Law and Procedure 1DCA/4 Oct. 1, 2021
People v. Wise
Defendant was subject to multiple convictions because it is possible to cause a gun to be manufactured without ever taking possession of it. 		Criminal Law and Procedure 3DCA Sep. 30, 2021
People v. Dawson
A defendant government employee in a conflict of interest matter has the burden of showing a reasonable doubt as to whether others would have received similar terms. 		Criminal Law and Procedure 6DCA Sep. 30, 2021
In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications. 		Criminal Law and Procedure 3DCA Sep. 30, 2021
People v. Fultz
Because a plea bargain ultimately required that witnesses tell the truth at trial, the witnesses' testimony was not coerced. 		Criminal Law and Procedure 3DCA Sep. 29, 2021
People v. Harring
A trial court's denial of a petition for resentencing was improper because the trial court considered the actual facts of a prior conviction rather than only the statutory elements. 		Criminal Law and Procedure 5DCA Sep. 29, 2021
People v. Bankers Insurance Co.
Trial court had a rational basis to believe that a defendant had a sufficient excuse for failing to appear based on the conclusion that it would be strange to post bail and fail to appear. 		Criminal Law and Procedure 1DCA/2 Sep. 29, 2021
Melnik v. Dzurenda
Prison officials' argument for qualified immunity failed because they violated a clearly established right when they prevented an inmate's access to evidence for use in inmate's prison disciplinary hearing. 		Criminal Law and Procedure 9th Sep. 28, 2021
People v. Mendez
Trial courts must provide notice and an opportunity to present relevant information before ruling on a recommendation for resentencing an inmate. 		Criminal Law and Procedure 2DCA/2 Sep. 27, 2021
U.S. v. Lizarraras-Chacon
A district court erroneously concluded that it could not consider intervening developments affecting mandatory minimum sentencing in its Federal Sentencing Statute analysis. 		Criminal Law and Procedure 9th Sep. 24, 2021
Demetrulias v. Davis
Erroneous admission of statements about the victims' character did not rise to the level of constitutional error because the challenged testimony was brief and non-inflammatory. 		Criminal Law and Procedure 9th Sep. 24, 2021
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