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United States v. Silveira
Defendant suffered no prejudice under ineffective assistance of counsel claim because he did not show that lawyer overlooked viable defense to the charges. 		Criminal Law and Procedure 9th May 14, 2021
Pizzuto v. Tewalt
Because death row plaintiffs claim that state's refusal to provide certain information violates their rights now, their claims were ripe. 		Criminal Law and Procedure 9th May 14, 2021
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 May 13, 2021
U.S. v. Brown
Officer exceeded permissible scope of 'Terry' frisk by directly searching inside defendant's pocket instead of conducting limited exploration for arms. 		Criminal Law and Procedure 9th May 13, 2021
People v. Nunes
Persistent odor of unspecified smoke did not allow for warrantless search of cabinet within shed in backyard under exigent circumstances exception to Fourth Amendment. 		Criminal Law and Procedure 6DCA May 10, 2021
People v. Walker
Reckless driving is not lesser included offense of felony evasion of police officer. 		Criminal Law and Procedure 1DCA/5 May 10, 2021
People v. Magana
Letter from California Department of Corrections and Rehabilitation must reference court's authority to recall defendant's sentence under Penal Code Section 1170(d)(1). 		Criminal Law and Procedure 6DCA May 7, 2021
Branham v. State of Montana
Defendant's habeas corpus petition was dismissed because his application for review of his sentence by Sentence Review Division of Montana Supreme Court was a form of collateral review, making his petition untimely. 		Criminal Law and Procedure 9th May 7, 2021
People v. Steward
Legislation that addresses length of commitment terms for NGI committees does not amend Proposition 36 because Proposition 36 deals with prison sentences for criminal defendants. 		Criminal Law and Procedure 3DCA May 5, 2021
People v. Powell
A person can also be culpable of implied malice murder on an aiding and abetting theory. 		Criminal Law and Procedure 3DCA May 4, 2021
People v. Nieves
Defense expert witness establishing mitigating factors for defendant's mental functioning was improperly excluded during penalty phase since Penal Code Section 190.3 expressly authorizes presentation of relevant mitigating information. 		Criminal Law and Procedure CASC May 4, 2021
U.S. v. Peterson
District court properly denied defendant's motion to withdraw guilty plea because it was entitled to rely on defendant's assurance that he understood elements of crime to which he entered guilty plea. 		Criminal Law and Procedure 9th May 4, 2021
Modification: People v. Wilson
Witness identifying defendant based on his smirky grin was not unduly suggestive because nothing made defendant 'stand out' from the other men depicted. 		Criminal Law and Procedure CASC May 4, 2021
People v. Horn
Physical condition of defendant is relevant factor in determining whether his belief in need for self-defense was reasonable. 		Criminal Law and Procedure 4DCA/3 May 3, 2021
People v. McInnis
Imposing three consecutive terms of life imprisonment 'out of an abundance of caution' for possibility of appellate relief, was inappropriate basis to impose consecutive rather than concurrent terms. 		Criminal Law and Procedure 1DCA/2 May 3, 2021
U.S. v. Quintero
District court is mandated to commit mentally incompetent defendants to custody of Attorney general for treatment, without discretion for court to order particular treatment. 		Criminal Law and Procedure 9th Apr. 30, 2021
People v. Steskal
Defendant not entitled to voluntary manslaughter after shooting Orange County Sheriff's Deputy 30 times and killing him because Defendant's delusional perceptions of threats were unsubstantiated. 		Criminal Law and Procedure CASC Apr. 30, 2021
People v. Orey
Substantial evidence supported finding that defendant qualified for commitment as sexually violent predator. 		Criminal Law and Procedure 4DCA/3 Apr. 29, 2021
Gibbs v. Covello
Defendants' confrontation rights were not violated when unavailable witness' preliminary hearing testimony was read to jury because defendants had opportunity to cross-examine witness during preliminary hearing. 		Criminal Law and Procedure 9th Apr. 29, 2021
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 Apr. 28, 2021
U.S. v. Figueroa-Beltran
Under modified categorical approach, possession of cocaine with intent to sell was drug trafficking offense warranting sixteen-level enhancement under sentencing guidelines. 		Criminal Law and Procedure 9th Apr. 28, 2021
Tobias v. Arteaga
Detectives were entitled to qualified immunity because it was not clearly established their interrogation tactics 'shocked the conscience' when used over short period of time. 		Criminal Law and Procedure 9th Apr. 28, 2021
U.S. v. Ayala-Bello
Federal government did not violate defendants' right to equal protection when it prosecuted defendants for illegal entry on normal criminal docket instead of Central Violations Bureau process. 		Criminal Law and Procedure 9th Apr. 27, 2021
Bolin v. Baker
Habeas case decided after district court's decision held that ineffective assistance of counsel by petitioner's state-court counsel satisfies 'good cause' standard under 'Rhines v. Weber' for failure to exhaust. 		Criminal Law and Procedure 9th Apr. 27, 2021
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 Apr. 26, 2021
People v. DeHuff
Although there was substantial evidence that defendant committed second degree murder on implied malice theory, it was not sufficient to preclude him relief under Senate Bill 1437 as matter of law. 		Criminal Law and Procedure 2DCA/5 Apr. 26, 2021
Sanchez v. Davis
Counsel was not ineffective for failing to investigate and present evidence from jailhouse informant because that testimony would still have supported prosecution's theory that defendant aided and abetted murders. 		Criminal Law and Procedure 9th Apr. 23, 2021
People v. Braden
Defendant is ineligible for pretrial diversion under Penal Code Section 1001.36 after his trial begins, so trial court properly denied his request. 		Criminal Law and Procedure 4DCA/2 Apr. 22, 2021
Modification: People v. Abelino
Person of ordinary prudence could have entertained reasonable suspicion that mayhem, battery, and assault were natural and probable consequences of target crime of riot. 		Criminal Law and Procedure 1DCA/4 Apr. 21, 2021
People v. Secrease
Prior felony-murder special-circumstance finding does not bar Penal Code Section 1170.95 relief. 		Criminal Law and Procedure 1DCA/4 Apr. 21, 2021
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