Second District rejects facial Second Amendment challenges to California’s prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.
Second District holds that a jury’s not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining Peo
Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses’ actual statements, applying the Supreme Court’s recent Glossip v. O
Second District reverses first and second degree murder convictions because the trial court abused its discretion in excluding under Evidence Code section 352 a contemporaneous handwritten note relevant to the defendant’s provocation defense.
Second District holds that under Penal Code section 1237.1 a trial court retains jurisdiction during a pending appeal to correct presentence custody credit errors, and modifies the judgment to award two additional days of credit.
Second District holds that a defendant in custody in another county did not willfully fail to appear for sentencing and that uncertified records from a Fresno court were inadmissible to prove a Cruz waiver violation.
Second District affirms convictions for the murder of a Pomona police officer and a separate assault, holding that hot pursuit and concern for family members justified the warrantless entry, but remands to correct determinate-term sentencing under Penal Code section 1170.1.
Second District affirms denial of mental health diversion under Penal Code section 1001.36, with a notable concurrence sharply criticizing a recent Fourth District decision that overturned a similar denial.
Second District grants writ vacating mental health diversion in a violent hate-crime case, holding that the trial court must consider evidence of past treatment noncompliance when applying the public safety prong of Penal Code section 1001.36.