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Ford v. Peery
Federal court was required to give deference to state court findings under Antiterrorism and Effective Death Penalty Act, despite prosecutor's misstatement of law. 		Criminal Law and Procedure 9th Jun. 9, 2021
People v. Accredited Surety & Casualty Company, Inc.
Government carried its burden of showing amount of forfeiture was not excessive under Eighth Amendment. 		Criminal Law and Procedure 5DCA Jun. 8, 2021
People v. Casillas
Evidence of defendant's immigration status and two prior deportations was admissible to prove motive for attempted murder of police officer. 		Criminal Law and Procedure 2DCA/1 Jun. 8, 2021
People v. American Surety Company
Court may continue criminal proceedings without forfeiting bail if court has reason to believe that sufficient excuse may exist for failure to appear. 		Criminal Law and Procedure 2DCA/6 Jun. 8, 2021
People v. Brewer
Based on defendant's serious and numerous offenses, and his status as recidivist, his sentence of 63 years was not grossly disproportionate, even if he is developmentally disabled. 		Criminal Law and Procedure 3DCA Jun. 8, 2021
People v. Jones
Defendant employed gun in furtherance of his crimes by using gestures and telling victim he had gun; thus, defendant used a firearm within meaning of Penal Code Section 12022.53(b). 		Criminal Law and Procedure 3DCA Jun. 4, 2021
People v. Moses
Trial court's mistake of age jury instruction for defendant's human trafficking conviction of minor was erroneous because there was no actual minor victim involved. 		Criminal Law and Procedure 4DCA/3 Jun. 4, 2021
People v. Clotfelter
There was insufficient evidence to convict defendant of annoying or molesting child under 18 because his actions were not objectively irritating or disturbing within meaning of Penal Code Section 647.6 		Criminal Law and Procedure 1DCA/2 Jun. 4, 2021
U.S. v. Henderson
Term of supervised release and any resulting revocation sentence may extend beyond statutory maximum for underlying offense. 		Criminal Law and Procedure 9th Jun. 4, 2021
Modification: Larsen v. California Victim Compensation Board
Actual innocence finding coupled with later grant of habeas relief that results in permanent release of prisoner from custody requires Victim Compensation Board to recommend compensation without holding hearing. 		Criminal Law and Procedure 2DCA/5 Jun. 3, 2021
People v. Castillo
Appellant's trial counsel had no affirmative duty in 1989 to research and advise appellant of actual immigration consequences of his plea. 		Criminal Law and Procedure 2DCA/8 Jun. 3, 2021
People v. Thomas
Although Penal Code Section 1170.95 did not apply to defendant because he was not yet sentenced, defendant may seek direct 'Estrada' relief by filing new trial motion to challenge legality of verdict. 		Criminal Law and Procedure 2DCA/8 Jun. 2, 2021
Jensen v. Superior Court (People)
Defendant only provided speculation that district attorney's office leaked grand jury transcripts to press; thus, he failed to show conflict requiring disqualification. 		Criminal Law and Procedure 6DCA Jun. 2, 2021
Schumb v. Superior Court (People)
Trial court abused its discretion in denying defendant's motion to disqualify Santa Clara County District Attorney's Office from prosecuting his case because of his friendship with elected District Attorney. 		Criminal Law and Procedure 6DCA Jun. 2, 2021
People v. Aleo
Defendant established that he was entitled to Penal Code Section 1170.95 relief regardless of defense counsel's concession that he was major participant; thus, court was required to issue order to show cause. 		Criminal Law and Procedure 5DCA Jun. 1, 2021
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 May 28, 2021
People v. Lemcke
Jury instruction listing eyewitness certainty as factor for jury to consider in evaluating eyewitness identification did not violate due process because defendant used expert testimony to combat inference that witness certainty means accuracy. 		Criminal Law and Procedure CASC May 28, 2021
United States v. Holiday
District court erred by denying defendant's suppression motion but error was harmless due to strength of other evidence such as defendant's DNA and robbery handgun. 		Criminal Law and Procedure 9th May 28, 2021
People v. Escareno
Applying Vehicle Code Section 41500(a) to defendant being prosecuted in single action for felony and nonfelony offenses arising out of single incident would not further Legislature's purpose in that section. 		Criminal Law and Procedure 1DCA/2 May 26, 2021
People v. Oneal
Whether court may consider report prepared in relation to defendant's insanity plea when evaluating defendant's eligibility for mental health diversion ultimately turns on relevance of report. 		Criminal Law and Procedure 5DCA May 26, 2021
People v. Valencia
Appellant's rehabilitative progress in prison did not constitute good cause to permit untimely and successive petition for recall of sentence pursuant to Three Strikes Reform Act of 2012. 		Criminal Law and Procedure 5DCA May 26, 2021
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 May 25, 2021
U.S. v. Lopez
Defendant was entitled to shorter sentence than mandatory five-year minimum because safety-valve only bars defendants who meet all three of its criteria. 		Criminal Law and Procedure 9th May 24, 2021
People v. Houle
Court cannot unilaterally modify plea bargain upon striking Penal Code Section 667.5(b) enhancement; thus, remand was appropriate for trial court to strike enhancement and parties may enter into new agreement. 		Criminal Law and Procedure 1DCA/3 May 20, 2021
People v. Moore
Based on totality of circumstances, officer possessed probable cause to search Jeep for unlawful quantity of marijuana. 		Criminal Law and Procedure 3DCA May 20, 2021
Modification: People v. Flores
In determining whether to strike gun enhancement, trial judge properly considered seriousness of injury and degree of danger defendant posed to public. 		Criminal Law and Procedure 4DCA/2 May 20, 2021
Edwards v. Vannoy
Jury unanimity rule in 'Ramos v. Louisiana' does not apply retroactively on federal collateral review. 		Criminal Law and Procedure USSC May 18, 2021
People v. Lord
Assembly Bill No. 1950 applies retroactively under 'In re Estrada' because it ameliorates criminal penalty and Legislature has not indicated contrary intent. 		Criminal Law and Procedure 3DCA May 18, 2021
Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. 		Criminal Law and Procedure 9th May 18, 2021
Modification: Oakland Police Officers' Assn. v. City of Oakland
Under Public Safety Officers Procedural Bill of Rights Section 3303(g), investigating agency's disclosure obligations should be guided by whether agency designates otherwise discoverable materials as confidential. 		Criminal Law and Procedure 1DCA/1 May 17, 2021
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