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People v. Jinkins
Appeal dismissed because unauthorized sentence exception was inapplicable to defendant's factual arguments regarding ability to pay. 		Criminal Law and Procedure 2DCA/5 Dec. 17, 2020
People v. Koenig
Panel found harmless error in not providing mistake of law instruction to jury for defendant's omissions based on attorneys' advice. 		Criminal Law and Procedure 3DCA Dec. 17, 2020
People v. Hester
Dirk or dagger exemption excludes only nonlocking folding knives, non-switchblade folding knives, and pocketknives; thus, box cutter qualifies as dirk or dagger. 		Criminal Law and Procedure 2DCA/8 Dec. 16, 2020
People v. Yanaga
Resentencing judge prejudicially erred by refusing to consider appellant's postjudgment rehabilitative efforts in prison after firearm enhancement was reversed and remanded to trial court. 		Criminal Law and Procedure 2DCA/6 Dec. 16, 2020
People v. Hines
Trial court correctly found that defendant was fit to stand trial after counsel failed to link defendant's mental health history to his competence. 		Criminal Law and Procedure 4DCA/2 Dec. 16, 2020
Shinn v. Kayer
Federal habeas court may not disturb state court's decision unless its error lies beyond any possibility for fairminded disagreement. 		Criminal Law and Procedure USSC Dec. 15, 2020
People v. Maxwell
Officer may search those areas of passenger compartment where officer reasonably expects that probationer could have stowed personal belongings or discarded items when aware of police activity. 		Criminal Law and Procedure 3DCA Dec. 15, 2020
Tate v. U.S.
Application to file second motion to vacate conviction for being felon in possession of firearm based on 'Rehaif v. United States' was denied because 'Rehaif' announced new statutory, rather than constitutional, rule. 		Criminal Law and Procedure 9th Dec. 15, 2020
People v. Booker
Trial court prejudicially erred in instructing jury on 'kill zone' theory of concurrent specific intent to prove attempted murder. 		Criminal Law and Procedure 2DCA/7 Dec. 14, 2020
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 Dec. 14, 2020
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 Dec. 11, 2020
U.S. v. Gainza
Twelve-level increase to defendant's base offense level was error because there was insufficient evidence that defendant obtained account information for each customer who visited ATMs where he had installed skimmers. 		Criminal Law and Procedure 9th Dec. 9, 2020
U.S. v. Sineneng-Smith
District court properly denied appellant's motion to dismiss indictment for violation of 8 U.S.C. Section 1324(a)(1)(A)(iv) because statute is not limited to conduct involving fraud. 		Criminal Law and Procedure 9th Dec. 9, 2020
People v. Joaquin
Plea bargain requiring 12-year prison sentence was unenforceable because Senate Bill No. 136 invalidated prior prison enhancement. 		Criminal Law and Procedure 1DCA/5 Dec. 7, 2020
People v. Avila
Ruling on a 'Romero' motion requires consideration of nature and circumstance of crime actually committed, not crime that might have occurred. 		Criminal Law and Procedure 2DCA/3 Dec. 2, 2020
People v. Griffin
One-year enhancement for prior felony conviction imposed under Penal Code Section 667.5(b) as part of plea agreement was stricken due to Senate Bill 136. 		Criminal Law and Procedure 1DCA/5 Dec. 2, 2020
In re Long
Defendant received ineffective assistance of counsel when counsel failed to consult time-of-death expert to rebut prosecution witness's testimony establishing a timeline. 		Criminal Law and Procedure CASC Dec. 1, 2020
Amended Opinion: U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Nov. 30, 2020
People v. Hall
After passage of Proposition 64, lawful possession of marijuana in a vehicle does not provide probable cause to search the vehicle. 		Criminal Law and Procedure 1DCA/2 Nov. 27, 2020
U.S. v. Rusnak
District court did not commit plain error because defendant waived his 'Franks v. Delaware' claim regarding an agent's trial testimony. 		Criminal Law and Procedure 9th Nov. 27, 2020
People v. Flinner
Antagonistic defenses require severance only when conflict is so prejudicial, that defenses are irreconcilable, and jury will infer that conflict alone demonstrates both are guilty. 		Criminal Law and Procedure CASC Nov. 24, 2020
People v. Schultz
There was no error in admitting expert testimony regarding actions taken in an initial expert's analysis; thus, death penalty was affirmed. 		Criminal Law and Procedure CASC Nov. 24, 2020
U.S. v. Ngumezi
Police officer violated defendant's Fourth Amendment right by opening passenger-side car door and leaning inside to ask for registration without any particularized justification, such as that driver posed danger. 		Criminal Law and Procedure 9th Nov. 23, 2020
People v. Swanson
Appellant was convicted of provocative act murder, which requires the perpetrator act with conscious disregard for life; thus, he was ineligible for relief under Senate Bill No. 1437. 		Criminal Law and Procedure 2DCA/1 Nov. 20, 2020
People v. Gallo
Penal Code Section 1170.95 did not apply to defendant because he was the sole killer and jury found him guilty of second degree murder under Section 187(a). 		Criminal Law and Procedure 4DCA/2 Nov. 20, 2020
Modification: People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. 		Criminal Law and Procedure 1DCA/5 Nov. 19, 2020
Amended Opinion: Balbuena v. Sullivan
Petitioner's confession was voluntary because he was read his 'Miranda' warnings, his interview was non-threatening, and there was no evidence he was easy to manipulate. 		Criminal Law and Procedure 9th Nov. 18, 2020
People v. Grant
There was no evidence from which jury could reasonably infer that merchandise's comparable values displayed on tags attached to stolen items at outlet store reflected their fair market values. 		Criminal Law and Procedure 4DCA/1 Nov. 16, 2020
U.S. v. Robertson
Because Criminal Justice Act reimbursement may be ordered in absence of conviction, CJA reimbursement is not part of criminal proceeding that is extinguished by abatement. 		Criminal Law and Procedure 9th Nov. 13, 2020
People v. O'Hearn
Defendant received ineffective assistance of counsel when counsel was aware of defendant's mental health issues, such as schizoaffective disorder, but failed to provide mental defenses. 		Criminal Law and Procedure 1DCA/2 Nov. 12, 2020
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