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People v. Barber
Trial court did not err in refusing to provide defendant's proposed special instruction defining 'wanton' because it was likely to confuse the jury. 		Criminal Law and Procedure 1DCA/2 Oct. 13, 2020
People v. Stewart
Because prosecution was aware of police report's contents and its potential value to impeach key prosecution witness, prosecution should have disclosed that the report in fact contained potential impeachment material. 		Criminal Law and Procedure 1DCA/2 Oct. 13, 2020
In re Butler
Petitioner's due process right to timely trial had been violated and public defender, district attorney, and trial court all bore some responsibility for 13-year delay. 		Criminal Law and Procedure 1DCA/1 Oct. 9, 2020
People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. 		Criminal Law and Procedure 2DCA/1 Oct. 6, 2020
People v. Martinez
Sufficient evidence supported jury's finding that defendant solicited or recruited minor to actively participate in a criminal street gang under Penal Code Section 186.26(a). 		Criminal Law and Procedure 3DCA Oct. 6, 2020
People v. American Surety Company
Trial court properly forfeited bond after defendant failed to appear even though bond posted was less than amount ordered by the court due to miscommunication. 		Criminal Law and Procedure 1DCA/2 Oct. 5, 2020
People v. McCallum
Trial court abused its discretion in denying defendant an opportunity to present information relevant to Secretary of Department of Corrections and Rehabilitation's recommendation for recall and resentencing. 		Criminal Law and Procedure 2DCA/7 Oct. 2, 2020
People v. Duke
Trial court erred by analyzing defendant's case under requirements of felony murder but the error was harmless. 		Criminal Law and Procedure 2DCA/1 Sep. 30, 2020
People v. Johnson
Appellant's recommitment order under Mentally Disordered Offender Act was reversed based on absence of evidence showing appellant would be led to endanger others. 		Criminal Law and Procedure 1DCA/2 Sep. 30, 2020
Ford v. Peery
Prosecutor's repeated statements, endorsed by trial judge, that presumption of innocence no longer applied violated due process under 'Darden v. Wainwright.' 		Criminal Law and Procedure 9th Sep. 29, 2020
U.S. v. Ramirez
Ruse that revealed officers' identity as law enforcement but misrepresented purpose of their investigation so that officers could evade limitations on their authority violated Fourth Amendment. 		Criminal Law and Procedure 9th Sep. 28, 2020
Modification: People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions. 		Criminal Law and Procedure CASC Sep. 25, 2020
Modification: People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. 		Criminal Law and Procedure 2DCA/3 Sep. 24, 2020
People v. Xiong
Defendant's testimony regarding his cultural experience was relevant to his state of mind and tended to prove why he would have given false confession, but preclusion was harmless error. 		Criminal Law and Procedure 3DCA Sep. 24, 2020
People v. Redus
Evidence did not provide required link between appellant's ongoing mental illness and his purported difficulty in controlling his potentially dangerous behavior. 		Criminal Law and Procedure 1DCA/2 Sep. 24, 2020
In re King
Proposition 57 does not exclude sex offender registrants from early parole consideration based on prior convictions, because early parole consideration must be based solely on present offense of conviction. 		Criminal Law and Procedure 4DCA/2 Sep. 22, 2020
People v. Kurianski
When parolee admits parole violation for specified sentence and expressly waives his right to preliminary and final parole hearings, he waives his statutory right to have preparation of written report. 		Criminal Law and Procedure 2DCA/2 Sep. 21, 2020
People v. DeCasas
Trial court properly granted defendant's motion to dismiss petition under Sexually Violent Predator Act because it was filed 13 years ago and thus, deprived him of his due process right to speedy trial. 		Criminal Law and Procedure 2DCA/1 Sep. 21, 2020
U.S. v. Qazi
In this circuit an indictment missing an essential element that is properly challenged before trial must be dismissed. 		Criminal Law and Procedure 9th Sep. 18, 2020
People v. Cruz Cruz
Appellant's marijuana-related conditions of probation were stricken because they were neither related to the crime of conviction nor were they reasonably related to preventing appellant's future criminality. 		Criminal Law and Procedure 1DCA/5 Sep. 17, 2020
People v. Henderson
The decision whether to call certain witnesses is a matter of trial tactics and strategy which a reviewing court generally may not second guess. 		Criminal Law and Procedure 2DCA/7 Sep. 16, 2020
U.S. v. Garcia
Under attenuation doctrine, discovery of suspicionless search condition was not an intervening circumstance that broke causal chain between initial unlawful entry and discovery of evidence supporting conviction. 		Criminal Law and Procedure 9th Sep. 11, 2020
People v. Zaheer
Because counsel neglected to shore up an evidentiary gap, which created an opening for the prosecutor, who seized it, his failure amounted to ineffective assistance of counsel. 		Criminal Law and Procedure 4DCA/1 Sep. 10, 2020
People v. York
Jury's special circumstance finding before 'People v. Banks' and 'People v. Smith' did not preclude defendant's eligibility from sentencing relief under Penal Code Section 1170.95 as a matter of law. 		Criminal Law and Procedure 2DCA/5 Sep. 8, 2020
People v. Flores
Although not required, appellate court should independently review record on appeal when indigent defendant's appointed counsel files 'Wende' brief in postjudgment appeal from summary denial of Penal Code Section 1170.95 petition. 		Criminal Law and Procedure 4DCA/3 Sep. 4, 2020
People v. Murillo
Defendant was a major participant who acted with reckless indifference to human life because he instructed his friend to shoot victim; thus, defendant was ineligible for resentencing. 		Criminal Law and Procedure 2DCA/1 Sep. 3, 2020
U.S. v. Moalin
Government's collection of telephony metadata pursuant to Foreign Intelligence Surveillance Act may have violated defendant's Fourth Amendment rights, but suppression was not warranted. 		Criminal Law and Procedure 9th Sep. 3, 2020
Amended Opinion: People v. Triplett
Juries should be informed or reminded of their right to readback of testimony upon request to review testimony but such error was harmless here. 		Criminal Law and Procedure 2DCA/1 Sep. 2, 2020
People v. Conatser
Defendant was entitled to retroactive application of Senate Bill No. 180 because court imposed split sentence and therefore, his proceeding was ongoing when Senate Bill No. 180 became effective. 		Criminal Law and Procedure 1DCA/3 Aug. 28, 2020
U.S. v. Litwin
District court erred in dismissing juror because its determination that juror harbored 'malice toward the judicial process' was not supported by the record. 		Criminal Law and Procedure 9th Aug. 28, 2020
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