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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Litigation
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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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In re McCowen — False-evidence murder claim requires an evidentiary hearing
False-evidence murder claim requires an evidentiary hearing.
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United States v. Colar — Failure to Investigate an Alternate Juror’s Express Bias Requires a New Trial
The Ninth Circuit ordered a new trial because the district court delayed and inadequately investigated an alternate juror who had expressly prejudged the defense.
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People v. $379,744 U.S. Currency — Inconsistent Special Verdicts Require New Trial in Civil Asset Forfeiture Case
The Third District reversed a civil asset forfeiture judgment as to one claimant because the jury’s special verdict was internally inconsistent: it found he had an ownership interest in the seized cash and that some of it was innocent, yet awarded him nothing.
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People v. Yanez — DUI Causing Injury Is Not a Lesser Included Offense of Gross Vehicular Manslaughter While Intoxicated
The Fifth District held that driving under the influence causing injury is not a lesser included offense of gross vehicular manslaughter while intoxicated, because the manslaughter statute can be committed in ways that do not require violating the DUI-with-injury statute.
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People v. Tyler — Court Warns That ‘Could Be Convicted’ Is the Wrong Standard at a Penal Code Section 1172.6 Resentencing Hearing
The First District publishes this opinion specifically to flag a recurring error: at a section 1172.6 evidentiary hearing, the trial court is an independent fact-finder who must decide whether the petitioner IS guilty beyond a reasonable doubt under current law — not whether a jury ‘could̵
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United States v. Shi — Ninth Circuit Vacates Sophisticated-Laundering Enhancement Where Required Guideline Step Was Skipped
The Ninth Circuit vacated a sophisticated-laundering sentencing enhancement because the district court applied the enhancement without first working through the required preceding step in U.S.S.G. § 2S1.1(b)(2), remanding for limited resentencing of three defendants convicted in a large-scale gift-c
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People v. Castro — Warrantless Blood Draw on Sedated DUI Suspect Requires More Than Unconsciousness
The Fourth District reversed a DUI conviction, holding that a warrantless blood draw from a sedated hospital patient was unconstitutional where the arresting officer faced no competing investigative demands and never considered seeking a warrant.
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People v. Powell — Trial Court Can Correct Presentence Credit Math Errors Without Triggering Full Resentencing
The First District holds that a trial court’s mathematical error in calculating presentence custody credits is a clerical error the court can correct at any time — but that correction does not render the judgment nonfinal or entitle the defendant to full resentencing under ameliorative legisla
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People v. Cofer — California Supreme Court Rules Custody Credits Are Case-Specific, Not Portable Across Multiple Prosecutions
The California Supreme Court holds that Penal Code section 2900.5 awards custody credits on a case-by-case basis — consolidating multiple prosecutions at a single sentencing hearing does not entitle a defendant to credit the same period of custody against all cases.
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People v. Brim — Murder Conviction Reversed for Failure to Clarify That CALCRIM 3474 Does Not Extinguish Imperfect Self-Defense
The First District reversed a second-degree murder conviction because the trial court failed to clarify — when the jury asked mid-deliberation — that the rule ending self-defense once danger passes does not also eliminate the lesser defense of imperfect self-defense.
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Detrich v. Thornell — Ninth Circuit En Banc Tightens Standard for Excusing Procedural Default in Federal Habeas Cases Under Martinez v. Ryan
In an en banc opinion, the Ninth Circuit affirmed denial of habeas relief to an Arizona death-row prisoner, clarifying that merely including an underlying petition as an exhibit does not ‘fairly present’ a claim to a state supreme court, and that Martinez v. Ryan requires a showing of re
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Ciria v. Gerrans — Ninth Circuit Denies Qualified Immunity to SFPD Inspectors Who Allegedly Fabricated Evidence Leading to 32-Year Wrongful Imprisonment
The Ninth Circuit denies qualified immunity to two former SFPD inspectors accused of fabricating evidence that led to Joaquin Ciria’s 32-year wrongful imprisonment, holding that the right not to be charged based on deliberately fabricated evidence was clearly established by 1990.
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Nguyen v. City of Garden Grove — Ninth Circuit Revives Deliberate Fabrication Claim Against Detective Who Mischaracterized Witness Statements in Police Report
Ninth Circuit revives a Section 1983 deliberate fabrication claim against a Garden Grove detective whose police report significantly mischaracterized recorded witness statements on a critical issue in the case.
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People v. Barrera — Death sentence affirmed for torture-murder of two young children, with key rulings on expert hearsay and lesser-included-offense instructions
The California Supreme Court unanimously affirmed the death sentence of a Los Angeles father convicted of the torture-murders of two young children, holding that months of deliberate beatings, starvation, and medical neglect provided sufficient evidence of premeditated torturous intent, and that con
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People v. Chhuon and Pan — Defense Counsel’s Guilty Concession Over Client’s Objection Requires Full Reversal in Capital Case
The California Supreme Court reverses a death-row defendant’s convictions entirely because his attorney conceded guilt over the client’s explicit objection — a structural constitutional error requiring automatic reversal — while affirming the co-defendant’s death sentence and vacat
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People v. Demolle — California Supreme Court Affirms Death Sentence in 1999 Child Murder; Clarifies Fourth Amendment Detention Rules and Victim Impact Testimony Scope
The California Supreme Court affirms a death sentence for the 1999 rape-murder of an Oakland 11-year-old, holding that a suspect who voluntarily accompanies police to the station and is briefly placed in a lockable interview room has not been seized under the Fourth Amendment — and clarifying when v
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People v. Brinston — Court Reverses Denial of Compassionate Release for Severely Incapacitated Prisoner
The First District reverses the denial of compassionate release for a prisoner whose severe medical deterioration — complete loss of lower extremity function, fused spine, and incontinence — made any realistic possibility of future harm impossible.
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People v. Cardenas — Defendants Have the Right to Argue Aggravating Sentencing Factors to a Jury
California appellate court rules that defendants must be allowed to argue aggravating sentencing factors to a jury, reversing an upper-term firearm enhancement where the trial court denied closing argument on those factors.
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United States v. Johnsen — Hash-Value Matches Can Establish Probable Cause Without Visual Confirmation of Files
The Ninth Circuit held that hash-value matches between a suspect’s files and known child pornography can establish probable cause for a search warrant without agents first downloading and visually confirming the files.
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United States v. Chow — Ninth Circuit Rejects “Shrimp Boy” Chow’s Ineffective-Assistance Claims and Affirms Denial of Habeas Relief
The Ninth Circuit affirmed denial of “Shrimp Boy” Chow’s habeas petition, finding his defense team’s strategic decisions did not constitute ineffective assistance of counsel despite acknowledged shortcomings in trial performance.
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United States v. Gerrans — Ninth Circuit Affirms Denial of Habeas Petition Challenging Wire Fraud, Money Laundering, and Obstruction Convictions
Ninth Circuit affirms denial of Section 2255 habeas petition by former CEO convicted of wire fraud, money laundering, and obstruction, finding overwhelming trial evidence defeated ineffective assistance and right-to-maintain-innocence claims.