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People v. Hill
Defendant was not required to obtain certificate of probable cause to raise mental health diversion issue under Penal Code Section 1001.36 on appeal. 		Criminal Law and Procedure 1DCA/3 Jan. 25, 2021
U.S. v. Mora-Alcaraz
Order suppressing physical evidence was reversed because government's failure to give defendant 'Miranda' warnings did not justify suppression. 		Criminal Law and Procedure 9th Jan. 22, 2021
People v. Montes
Limited remand was appropriate for trial court to consider defendant's future ability to pay fines and assessments imposed postconviction. 		Criminal Law and Procedure 5DCA Jan. 20, 2021
Favor v. Superior Court (People)
The right to a preliminary hearing within 60 days of arraignment 'is absolute absent a defendant's personal waiver.' 		Criminal Law and Procedure California Courts of Appeal Jan. 15, 2021
U.S. v. King
District court properly denied defendant's motion to suppress firearms found during search because search warrant was not overbroad. 		Criminal Law and Procedure 9th Jan. 15, 2021
People v. Sims
Assembly Bill No. 1950's two-year limitation on felony probation was an ameliorative change to criminal law that is subject to 'In re Estrada' presumption of retroactivity. 		Criminal Law and Procedure 4DCA/1 Jan. 14, 2021
Modification: People v. Azcona
Trial court abandoned its gatekeeping responsibility by allowing firearms expert to testify to conclusions not supported by the material on which he relied. 		Criminal Law and Procedure 6DCA Jan. 13, 2021
People v. Jung
One's own error in not understanding or knowingly accepting that guilty plea will have certain and adverse immigration consequences may constitute prejudicial error under Penal Code Section 1473.7. 		Criminal Law and Procedure 4DCA/3 Jan. 13, 2021
People v. Lipptrapp
Defendant's motion contained sufficient information for him to gain access to 'Franklin' evidence preservation proceeding. 		Criminal Law and Procedure 4DCA/3 Jan. 13, 2021
People v. Quinn
Assembly Bill No. 1950 applied retroactively and reduced defendant's probation from three years to two years. 		Criminal Law and Procedure 1DCA/4 Jan. 13, 2021
U.S. v. Bruce
District court reasonably concluded that use of Facebook photo during identification procedure was not so suggestive that it rendered witness's identification unreliable. 		Criminal Law and Procedure 9th Jan. 13, 2021
People v. Brand
Defendant's condition of mandatory supervision specifying that defendant must report arrests or contacts with law enforcement was not unconstitutionally vague or overbroad. 		Criminal Law and Procedure 4DCA/1 Jan. 12, 2021
People v. Gonzalez
Expert witness's conclusory and contradictory statements held insufficient to support gang enhancement under Penal Code Section 186.22. 		Criminal Law and Procedure 2DCA/8 Jan. 8, 2021
People v. Choi
Defendant's two one-year prior prison term enhancements were stricken under Senate Bill No. 136 and remanded for trial court to reevaluate its discretionary sentencing decisions in light of these changed circumstances. 		Criminal Law and Procedure 2DCA/8 Jan. 8, 2021
U.S. v. Grimaldo
District court plainly erred by failing to determine whether defendant's possession of gun emboldened his possession of narcotics for purposes of four-level weapon enhancement. 		Criminal Law and Procedure 9th Jan. 8, 2021
People v. Cook
Dissuading witness from reporting crime conviction was proper because jurors reasonably inferred defendant understood his mother to be speaking with 911 dispatcher when he broke phone. 		Criminal Law and Procedure 2DCA/8 Jan. 7, 2021
U.S. v. Henry
District court made adequate fact findings to support each of its three ends-of-justice continuances under 18 U.S.C. Section 3161(h)(7)(A). 		Criminal Law and Procedure 9th Jan. 7, 2021
People v. Windfield
Appellants' sentence remanded for trial court to exercise its discretion whether to strike or dismiss any of firearm enhancements as contemplated by Senate Bill No. 620. 		Criminal Law and Procedure 4DCA/2 Jan. 6, 2021
Modification: People v. Johnson
Trial court erred in interpreting Penal Code Section 1203.2(b)(1) to mean it had authority to terminate defendant's 'parole supervision.' 		Criminal Law and Procedure 1DCA/3 Jan. 5, 2021
People v. Skiff
Corporate officer properly convicted of involuntary manslaughter for admitting resident diagnosed with dementia into facility that did not monitor or safeguard his activities and allowed him to wander unsupervised. 		Criminal Law and Procedure 2DCA/6 Jan. 5, 2021
U.S. v. Dixon
Fourth Amendment search occurs when officer physically inserts key into lock of vehicle for purpose of obtaining information. 		Criminal Law and Procedure 9th Jan. 4, 2021
U.S. v. Harris
Defendant's unauthorized use of speech pathologist's name and National Provider Identifier number on claim forms submitted to government health care program constituted 'use' of another's identification. 		Criminal Law and Procedure 9th Dec. 30, 2020
In re Gadlin
Department of Corrections and Rehabilitation regulations excluding from nonviolent offender parole consideration inmates previously convicted or currently convicted of any registerable sex offense conflicts with Proposition 57. 		Criminal Law and Procedure CASC Dec. 29, 2020
People v. Moses
To violate the human trafficking statute as an attempt, defendant must intend to induce a minor, but the target of that inducement need not be an actual minor. 		Criminal Law and Procedure CASC Dec. 29, 2020
In re M.C.
'Brady/Johnson' motion to review officer's personnel file was denied because appellant failed to state how officer's file had relevant 'Brady' material and defense theory did not concern potential officer misconduct. 		Criminal Law and Procedure 2DCA/6 Dec. 28, 2020
People v. Bravo
Trial court did not abuse its discretion in discrediting defendant's declaration that at the time he executed his plea agreement he was not admonished of future immigration consequences of his plea. 		Criminal Law and Procedure 4DCA/2 Dec. 28, 2020
People v. Brooks
Defendant's petition for resentencing under Penal Code Section 1170.91(b)(1) was properly denied because defendant agreed to specific term of years in plea bargain and court cannot modify those terms. 		Criminal Law and Procedure 1DCA/4 Dec. 24, 2020
People v. Scott
Defendant's petition to vacate his attempted murder conviction was dismissed because his appellate counsel's brief raised no issues and Penal Code Section 1170.95 only applies to murder convictions. 		Criminal Law and Procedure 4DCA/2 Dec. 24, 2020
Amended Opinion: Smith v. Baker
Petitioner successfully argued his counsel's performance was deficient but failed to show he was prejudiced by it. 		Criminal Law and Procedure 9th Dec. 22, 2020
People v. Palacios
Trial court properly denied defendant's petition for resentencing under Penal Code Section 1170.95 because defendant had not established a prima facie case for relief. 		Criminal Law and Procedure 4DCA/2 Dec. 21, 2020
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