People v. McAlister — Prior Upper Term May Be Reimposed in Prison-Prior Resentencing
A court conducting prison-prior resentencing may reimpose an upper term that was part of the original sentence without a new jury finding.
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California
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United States v. Doyle — Judges Must Personally Review Each Graphic Exhibit Before Admission
The Ninth Circuit required item-by-item judicial review of graphic evidence under Rule 403 but found the failure harmless in Doyle’s case.
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Delgado v. Madden — State Court Reasonably Found Trial Errors Harmless
The Ninth Circuit denied habeas relief because California’s harmless-error rulings on confrontation and attempted-murder instructions were reasonable under AEDPA.
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Ruvira-Rodriguez v. Blanche — Armed DUI Supported Particularly-Serious-Crime Finding
The agency permissibly treated a California DUI involving severe intoxication and an accessible loaded firearm as a particularly serious crime.
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People v. Hyatt — Prison speedy-trial demand is premature until actual delivery to state custody
The California Supreme Court held that Penal Code section 1381’s 90-day clock cannot be invoked until the sentenced defendant is actually delivered into state-prison custody.
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United States v. Bennett — 270-day delay in obtaining drug-testing warrant was reasonable
The Ninth Circuit held that a 270-day delay in obtaining a warrant to test lawfully seized suspected cocaine was reasonable under the totality of the circumstances.
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Sanchez Olivares v. Blanche — More than 180 days in custody bars good-moral-character showing
The Ninth Circuit upheld the statutory good-moral-character bar because the petitioner served more than 180 days in custody as a result of a DUI conviction.
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People v. Bocanegra — Murder Resentencing Petition Requires an Evidentiary Hearing
A murder resentencing petition could not be denied at the prima facie stage because the record did not eliminate reliance on a now-invalid theory as a matter of law.
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People v. Cruz — vacated firearm enhancement cannot follow a redesignated offense
A firearm enhancement tied to a vacated attempted-murder conviction could not be imposed on the target offense redesignated at section 1172.6 resentencing.
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People v. Keene — Section 654 Bars Multiple Punishment for the Same Drug-and-Firearm Possession
The Court of Appeal required stays for overlapping drug and firearm possession terms but upheld the upper term as harmless error.
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United States v. Ridley-Thomas — Ninth Circuit Upholds Los Angeles Public-Corruption Convictions
The Ninth Circuit upheld Mark Ridley-Thomas’s bribery and honest-services fraud convictions based on a $100,000 funneling arrangement.
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United States v. Ridley-Thomas — Ninth Circuit affirms Los Angeles bribery convictions
The Ninth Circuit upheld Mark Ridley-Thomas’s bribery and honest-services convictions based on an indirect $100,000 benefit for his son.
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People v. Sanmiguel — Courts must scrutinize demeanor-based reasons for juror strikes
California’s high court clarified how judges must evaluate demeanor-based explanations for peremptory juror strikes under section 231.7.
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Thompson v. Superior Court — Mental-health diversion may include rehabilitative search conditions
Trial courts may impose reasonable, rehabilitation-focused conditions when granting pretrial mental-health diversion.
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People v. McAllister — One case permits one restitution fine despite multiple counts
A trial court must impose a single restitution fine for one criminal case rather than separate fines for individual counts.
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People v. Kazarian — Omitted traffic-law definitions were harmless in felony-evasion trial
Any failure to define the traffic violations supporting felony evasion was harmless where the undisputed driving conduct clearly violated those laws.
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United States v. Yates — Prosecutors Retain Broad Control Over Third Acceptance Point
Prosecutors may withhold the third acceptance-of-responsibility point after a stipulated trial, and federal judges must exercise discretion when classifying uncharged California wobbler conduct.
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People v. Carrillo — gang expert’s race-related testimony did not violate the Racial Justice Act
Race-related gang testimony tied to the evidence did not itself violate the Racial Justice Act, though counsel must timely preserve an RJA claim.
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United States v. Lopez — California domestic-violence convictions are not categorical crimes of violence
The Ninth Circuit held that Penal Code section 273.5 does not categorically require the mental state needed for a federal crime-of-violence enhancement.
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People v. Vasquez — Sealed Informant Affidavit and Pre-Search Detention Did Not Require Suppression
The Court of Appeal upheld a firearm search because sealed review supported the warrant and the evidence derived independently from any disputed pre-search detention.
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United States v. Anten — Federal Threat Statute Requires Objective Threat and Subjective Fault
The Ninth Circuit held that the federal interstate-threat statute requires both an objectively threatening communication and a culpable subjective mental state.
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Diaz-Boyzo v. Blanche — Assaulting a Spouse in Front of Children Is a Removable Child-Abuse Offense
The Ninth Circuit held that Oregon felony assault committed in front of a household child categorically qualifies as a removable child-abuse offense.
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United States v. Pereda — GPS and On-Scene Facts Supported Parole Searches of a Trailer and Truck
The Ninth Circuit held that GPS history and on-scene facts gave officers probable cause to search a supervisee’s trailer and pickup under his warrantless-search condition.
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In re McCowen — False-evidence murder claim requires an evidentiary hearing
False-evidence murder claim requires an evidentiary hearing.