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Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. 		Criminal Law and Procedure 3DCA Aug. 31, 2021
Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. 		Criminal Law and Procedure CASC Aug. 31, 2021
U.S. v. Pollard
Nothing in record objectively demonstrated defendant would not have pled guilty had he known of 18 U.S.C. Section 922(g)(1)'s knowledge-of-status element. 		Criminal Law and Procedure 9th Aug. 30, 2021
Modification: People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records. 		Criminal Law and Procedure 3DCA Aug. 27, 2021
People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket. 		Criminal Law and Procedure CASC Aug. 27, 2021
Modification: People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel. 		Criminal Law and Procedure CASC Aug. 27, 2021
People v. Medrano
Penal Code Section 1170.95 relief is unavailable to petitioners concurrently convicted of first degree murder and conspiracy to commit first degree murder where both convictions involve the same victim. 		Criminal Law and Procedure 2DCA/6 Aug. 26, 2021
People v. Wilkins
Senate Bill No. 1437 neither repealed the felony-murder special circumstance statute in practice nor amended any voter-approved initiative. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2021
People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights. 		Criminal Law and Procedure 3DCA Aug. 24, 2021
People v. Wycoff
Expert psychologist's report was substantial evidence of defendant's mental incompetence, requiring the court to initiate competency procedures set forth in Penal Code Sections 1368 and 1369. 		Criminal Law and Procedure CASC Aug. 24, 2021
People v. Mumin
Evidence supported jury instruction on kill zone theory of attempted murder liability. 		Criminal Law and Procedure 4DCA/1 Aug. 23, 2021
People v. Tan
After defendant's conviction was vacated under Penal Code Section 1170.95 and he was released on time served with three-year parole term, Section 3000.01 limited defendant's parole term to two years. 		Criminal Law and Procedure 2DCA/3 Aug. 23, 2021
U.S. v. Bartley
Unlawful possession of firearm under 18 U.S.C. Section 922(g)(4) does not require defendant to be both mentally ill and dangerous. 		Criminal Law and Procedure 9th Aug. 23, 2021
People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. 		Criminal Law and Procedure 5DCA Aug. 19, 2021
People v. McClure
Penal Code Section 1170.95 resentencing relief does not apply to individuals charged with murder but convicted by plea of voluntary manslaughter. 		Criminal Law and Procedure 6DCA Aug. 19, 2021
People v. Czirban
Statutory changes to Penal Code Section 1203.1(a) allowed defendant's three year probationary term to be reduced to two years. 		Criminal Law and Procedure 6DCA Aug. 19, 2021
U.S. v. Ferguson
Assuming magistrate judge committed Federal Rule of Criminal Procedure 11 violation, defendant failed to show effect on his substantial rights. 		Criminal Law and Procedure 9th Aug. 18, 2021
Modification: People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. 		Criminal Law and Procedure 4DCA/3 Aug. 18, 2021
U.S. v. Prigan
Hobbs Act robbery is not crime of violence under United States Sentencing Guidelines Section 4B1.2(a). 		Criminal Law and Procedure 9th Aug. 17, 2021
People v. Mancilla
Resentencing under Penal Code Section 1170.95 is unavailable if defendant is convicted of provocative act murder. 		Criminal Law and Procedure 2DCA/7 Aug. 16, 2021
Amended Opinion: People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 16, 2021
U.S. v. Bachmeier
Although threatening letter was mailed to courthouse, rational jury could have found beyond reasonable doubt that the judge, a natural person, was the addressee, as 18 U.S.C. Section 876(c) requires. 		Criminal Law and Procedure 9th Aug. 16, 2021
In re Sims
Evidence of defendant's failure to take her medication established change in circumstance and required trial court to suspend proceedings for evaluation of competency. 		Criminal Law and Procedure 4DCA/2 Aug. 13, 2021
People v. Henderson
Striking prior prison term enhancement while maintaining remainder of plea agreement would not deprive the People of benefit of bargain in open plea agreement context. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
Jones v. Davis
Defendant's right to present complete defense was not violated because trial court's evidentiary ruling was neither arbitrary nor disproportionate to purpose it served. 		Criminal Law and Procedure 9th Aug. 13, 2021
People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 13, 2021
U.S. v. Wilson
There is no presumption that district court judge would take same approach in 18 U.S.C. Section 3582(c) proceeding as that taken by judge in original sentencing. 		Criminal Law and Procedure 9th Aug. 12, 2021
Modification: People v. Smothers
Defense counsel's misconception and consequent failure to present pertinent evidence at murder trial prejudiced defendant and constituted ineffective assistance of counsel. 		Criminal Law and Procedure 1DCA/3 Aug. 11, 2021
Hubbard v. U.S.
Under Innocence Protection Act, court with jurisdiction to hear petition for DNA testing is court that entered judgment of conviction, even if that tribunal has since dissolved. 		Criminal Law and Procedure 9th Aug. 11, 2021
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