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In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. 		Criminal Law and Procedure CASC Jun. 29, 2021
Modification: People v. Tousant
Defendant's motion to suppress evidence from warrantless search of his vehicle was properly denied because vehicle was in close proximity to shooting, parked in haphazard way, and residents did not recognize it. 		Criminal Law and Procedure 1DCA/2 Jun. 28, 2021
People v. Huynh
Trial court prejudicially erred in allowing admission of evidence and argument that defendant was in criminal street gang when evidence showed that so-called gang was just group of men who gathered to socialize. 		Criminal Law and Procedure 4DCA/1 Jun. 25, 2021
People v. El
Trial court erroneously believed it did not have discretion to impose any sentence other than maximum six-month term under Vehicle Code Section 14601.1 when defendant refused probation. 		Criminal Law and Procedure 3DCA Jun. 25, 2021
Corona v. Superior Court (People)
Petitioner was entitled to have his first degree burglary charge set aside under Penal Code Section 995(a)(2)(B) because he entered uninhabited detached garage. 		Criminal Law and Procedure 1DCA/5 Jun. 24, 2021
Lange v. California
Under Fourth Amendment, pursuit of fleeing misdemeanor suspect does not categorically justify warrantless entry into home. 		Criminal Law and Procedure USSC Jun. 24, 2021
U.S. v. Velazquez
Prosecutor's misstatements of law during closing argument and court's failure to neutralize prejudice warranted reversal of defendant's conviction. 		Criminal Law and Procedure 9th Jun. 24, 2021
In re Ontiveros
Inmate is not eligible for early parole consideration under Proposition 57 if inmate is convicted of violent felony, even if he was convicted of other nonviolent offenses. 		Criminal Law and Procedure 4DCA/1 Jun. 23, 2021
Dickinson v. Shinn
Habeas relief was properly denied because loss of more favorable standard of appellate review due to counsel's failure to object to jury instruction does not satisfy 'Strickland v. Washington's prejudice prong. 		Criminal Law and Procedure 9th Jun. 23, 2021
U.S. v. Parlor
Imposition of multiple-firearms enhancement was proper because firearms found during search of defendant's house were sufficiently connected to his earlier possession of firearms for which he was charged. 		Criminal Law and Procedure 9th Jun. 22, 2021
People v. Ollo
Voluntariness of victim's ingestion of drugs is key consideration in determination of whether defendant personally inflicts great bodily injury in drug furnishing context. 		Criminal Law and Procedure CASC Jun. 22, 2021
People v. Coleman
Petition for resentencing under Penal Code Section 1170.91 does not require petitioner to allege evidentiary facts, such as symptoms or manifestations of qualifying condition. 		Criminal Law and Procedure 4DCA/2 Jun. 21, 2021
People v. Williams
If court is inclined to recall defendant's sentence, it should prepare and serve on counsel for parties its tentative decision adopting Department of Corrections and Rehabilitation's recommendation. 		Criminal Law and Procedure 4DCA/2 Jun. 21, 2021
People v. Burhop
Superior court lacked subject matter jurisdiction in ruling on defendant's Penal Code Section 1170.95 petition because it issued its order before appellate court issued remittitur. 		Criminal Law and Procedure 4DCA/2 Jun. 21, 2021
People v. Esquivel
When defendant is placed on probation with execution of state prison sentence suspended, defendant's case is not final for 'Estrada' retroactivity if defendant may still timely obtain direct review of order revoking probation. 		Criminal Law and Procedure CASC Jun. 18, 2021
Stiavetti v. Clendenin
Setting statewide constitutional deadline for commencing substantive services for incompetent to stand trial defendants was appropriate to remedy ongoing due process violations. 		Criminal Law and Procedure 1DCA/2 Jun. 17, 2021
People v. Kasrawi
Discovery of outstanding arrest warrant attenuated taint of unlawful detention, so evidence obtained during subsequent search was admissible. 		Criminal Law and Procedure 4DCA/1 Jun. 17, 2021
People v. Simmons
Any error in failing to appoint counsel or afford petitioner other procedures outlined in Penal Code Section 1170.95(c) was harmless, because record established petitioner is ineligible for resentencing. 		Criminal Law and Procedure 5DCA Jun. 17, 2021
People v. Lopez
Although trial court abused its discretion in concealing names of prospective jurors, error was harmless because counsel had opportunity to elicit additional information from jurors. 		Criminal Law and Procedure 2DCA/7 Jun. 16, 2021
People v. Sorden
Defendant could not collaterally attack criminal protective order that restricted him from 'disturbing the peace' because CPO cannot be attacked for only being legally erroneous. 		Criminal Law and Procedure 4DCA/1 Jun. 16, 2021
Terry v. U.S.
Under First Step Act, crack offender is eligible for sentence reduction only if he is convicted of crack offense that triggered mandatory minimum sentence. 		Criminal Law and Procedure USSC Jun. 15, 2021
Greer v. U.S.
'Rehaif' error is not basis for plain error relief unless defendant makes sufficient argument that he would have presented evidence at trial that he did not know know he was a felon. 		Criminal Law and Procedure USSC Jun. 15, 2021
People v. Gonzalez
Trial court determined defendant made prima facie showing of eligibility under Penal Code Section 1170.95, but skipped issuing order to show cause and engaged in improper factfinding. 		Criminal Law and Procedure 4DCA/3 Jun. 15, 2021
People v. Roberts
Trial court did not err in denying defendant's objection to prosecutor's peremptory challenge because prosecutor's explanation was plausible and supported by the record. 		Criminal Law and Procedure 6DCA Jun. 15, 2021
Borden v. U.S.
Offenses with 'mens rea' of recklessness not do not qualify as violent felonies under Armed Career Criminal Act. 		Criminal Law and Procedure USSC Jun. 11, 2021
People v. Collins
Prosecutor erroneously misstated law for robbery by telling jury, 'the law uses an objective standard' for evaluating fear, when the law instead has uniformly adopted a subjective standard. 		Criminal Law and Procedure 2DCA/2 Jun. 11, 2021
People v. Richardson
Trial court acted in excess of its authority when it allowed defendant to plead no contest to human trafficking of minor, despite victim being 27 years old. 		Criminal Law and Procedure 1DCA/3 Jun. 11, 2021
People v. Bankers Insurance Co.
Trial court's right to enter summary judgment against surety expired because it did not enter it before 90 day period, pursuant to Penal Code Section 1306(c). 		Criminal Law and Procedure 1DCA/2 Jun. 11, 2021
People v. Soriano
Gang expert's opinion that defendant's crime of carrying concealed knife was for benefit of, or in association with, gang was speculative. 		Criminal Law and Procedure 4DCA/3 Jun. 10, 2021
U.S. v. Harris
Because there was no evidence that defendant exercised control over codefendant, district court abused its discretion in applying leadership enhancement under U.S.S.G. Section 3B1.1(c). 		Criminal Law and Procedure 9th Jun. 10, 2021
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