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In re Parks
Scientific debate between prosecution and defense experts regarding cause and origin of house fire did not establish that false evidence was offered at trial under Penal Code Section 1473. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2021
Modification: Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 5, 2021
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 Aug. 5, 2021
Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 3, 2021
People v. Morales
Trial court's failure to instruct that requisite great bodily injury or death under firearm use enhancement must be to person other than accomplice was prejudicial error. 		Criminal Law and Procedure 1DCA/4 Aug. 3, 2021
People v. Palacios
Trial court properly admitted defendant's proffer statements when defendant did not meet agreed upon condition precedent of answering truthfully. 		Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
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. 2, 2021
People v. Walker
By correcting one part of sentence, trial court is resentencing defendant and is obligated to look at most current facts and law to determine whether they render different part of sentence incorrect. 		Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
Modification: People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing. 		Criminal Law and Procedure 3DCA Aug. 2, 2021
People v. Clark
Defendant's unpaid balance of monthly $100 probation supervision fee was struck under Assembly Bill 1869. 		Criminal Law and Procedure 1DCA/4 Aug. 2, 2021
Modification: People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted. 		Criminal Law and Procedure CASC Aug. 2, 2021
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 Jul. 30, 2021
People v. Bryant
Mandatory supervision terms and conditions are to be evaluated for reasonableness on case-by-case basis under 'People v. Lent' test. 		Criminal Law and Procedure CASC Jul. 30, 2021
U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy. 		Criminal Law and Procedure 9th Jul. 30, 2021
U.S. v. Gomez
Prosecution may preemptively rebut defense of entrapment when defendant clearly indicates he will present entrapment defense. 		Criminal Law and Procedure 9th Jul. 29, 2021
U.S. v. Dade
Defendant did not demonstrate his convictions 'relied on' residual-clause definition of 'crime of violence' under 18 U.S.C. Section 16(b). 		Criminal Law and Procedure 9th Jul. 29, 2021
People v. Vasquez
When defendant commits crime to benefit umbrella gang, and umbrella gang satisfies primary activities and predicate offense requirements, it is not necessary to establish any connection between subsets of umbrella gang. 		Criminal Law and Procedure 5DCA Jul. 28, 2021
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 Jul. 27, 2021
U.S. v. Pangang Group
Being deemed instrumentality of foreign state under Foreign Sovereign Immunities Act requires more than relying on indictment's allegation of being "state-owned." 		Criminal Law and Procedure 9th Jul. 27, 2021
People v. Hoang
Penal Code Section 12022.53(h) authorizes trial court to strike or dismiss firearm enhancement only; it does not permit court to substitute lesser firearm enhancement. 		Criminal Law and Procedure 6DCA Jul. 26, 2021
In re Guice
California Department of Corrections and Rehabilitation's regulation that excludes nonviolent parole consideration of any inmate who is currently serving term of incarceration for 'violent felony' reasonably interpreted Proposition 57. 		Criminal Law and Procedure 6DCA Jul. 23, 2021
United States v. Warren
It is not error to include the statute defining the substantive offense that is the object of a conspiracy in a judgment. 		Criminal Law and Procedure 9th Jul. 23, 2021
People v. Arias
Pre-'People v. Banks' and 'People v. Clark' felony-murder special-circumstance findings do not categorically preclude defendants from obtaining resentencing relief under Senate Bill No. 1437. 		Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
United States v. Halamek
District court did not err by admitting FBI child forensic interviewer's relevant and reliable expert testimony on topic of grooming for sexual abuse. 		Criminal Law and Procedure 9th Jul. 23, 2021
Dustin Shepherd v. Unknown Party
Defendant failed to show 'actual innocence' to challenge his career offender sentence because the court imposed a sentence below guidelines range and was he sentenced after the guidelines became advisory. 		Criminal Law and Procedure 9th Jul. 23, 2021
People v. Doane
Prosecutor misstated the law involving circumstantial evidence in closing argument. 		Criminal Law and Procedure 1DCA/1 Jul. 23, 2021
In re Rodriguez
Ameliorative amendment to Penal Code Section 667.5 did not apply retroactively when trial court in defendant's second proceeding used first judgment to calculate aggregate term of imprisonment. 		Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
People v. Wilson
Trial court lacked statutory authority to modify defendant's parole condition without alleged parole violation. 		Criminal Law and Procedure 1DCA/5 Jul. 22, 2021
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 Jul. 22, 2021
People v. Schulz
Penal Code Section 1203.1(m)(1) excludes offenses that specify lengths of probation from eligibility for two-year maximum probationary period. 		Criminal Law and Procedure 5DCA Jul. 22, 2021
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