Criminal Law

5th District Court of Appeal, Administrative Law, Criminal Law, Litigation

Myers v. Dept. of Motor Vehicles — Body-Cam Video Can Rebut Officer’s Claim of Continuous DUI Observation

automatic / May 6, 2026

The Fifth District holds that body-worn camera footage showing an officer left a DUI suspect alone in a patrol car during the required 15-minute observation period is sufficient to rebut the presumption that breath test procedures were properly followed.

2nd District Court of Appeal, Criminal Law, Healthcare Law

People v. Tourville — 2nd District Says Trial Court Cannot Condition Mental-Health Treatment on a No-Contest Plea Where Defendant Is Eligible for Diversion

automatic / May 5, 2026

The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute's purpose.

2nd District Court of Appeal, Criminal Law

People v. Mijares — 2nd District Affirms Murder Conviction Where Defendant’s Attack Was a Substantial Factor in Death Despite Victim’s Preexisting Conditions

automatic / May 5, 2026

The Second District affirms a first-degree murder conviction, holding the trial court had no duty to instruct on attempted murder where the defendant's brutal attack was a substantial factor in the victim's death even though the victim had grave preexisting heart and liver disease.

California Supreme Court, Constitutional Law, Criminal Law

People v. Morris — California Supreme Court Says Non-Killer Must Aid the Lethal Act, Not Just the Underlying Felony, to Be Guilty of First-Degree Felony Murder

automatic / May 4, 2026

The California Supreme Court holds that a non-killer accomplice with intent to kill is guilty of first-degree felony murder only if they aided the actual killer in the lethal act itself, not merely the underlying felony — reopening resentencing for many defendants previously denied.

2nd District Court of Appeal, Criminal Law

People v. Berch — 2nd District Holds Felony False Imprisonment by Menace Doesn’t Require Force Greater Than Restraint

automatic / May 4, 2026

The Second District holds that felony false imprisonment based on menace does not require a threat of force greater than necessary to effectuate restraint — a doctrinal clarification that affirms a domestic-violence conviction.

2nd District Court of Appeal, Constitutional Law, Criminal Law

People v. Moss — 2nd District Says Section 1172.75 Resentencing Court Can Reimpose Upper Term Without New Jury Findings on Aggravating Facts

automatic / May 4, 2026

When resentencing a defendant under section 1172.75, the trial court may reimpose an upper term using aggravating facts the defendant already stipulated to — no new jury findings required.

2nd District Court of Appeal, Civil Procedure, Criminal Law

People v. Pineda — 2nd District Holds Codefendant’s Perkins-Operation Statements Are Admissible at 1172.6 Hearing as Declarations Against Penal Interest

automatic / May 4, 2026

The Second District holds that hearsay testimony from a preliminary hearing is admissible at a section 1172.6 evidentiary hearing if it qualifies as a declaration against penal interest — affirming denial of a gang-shooting resentencing petition.

4th District Court of Appeal, Criminal Law, Family Law

In re Parker B. — 4th District Says Unqualified WIC Section 782 Dismissal Encompasses Findings, Allowing Sealing of Section 707(b) Juvenile Records

automatic / May 4, 2026

The Fourth District holds that an unqualified Welfare and Institutions Code section 782 dismissal encompasses the underlying findings, satisfying section 786(d)'s "dismissed" condition for sealing serious juvenile offense records — but the firearm restriction survives.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

Doerr v. Shinn — Ninth Circuit Amends Rhines Stay-and-Abey Order, Sends Atkins Intellectual-Disability Claim Back to District Court

automatic / May 4, 2026

The Ninth Circuit issues an amended opinion granting a Rhines stay-and-abey for an Arizona death-row petitioner's IAC-at-sentencing claim, and remands his Atkins intellectual-disability claim for the district court to address in the first instance.

California Supreme Court, Constitutional Law, Criminal Law

People v. Stayner — California Supreme Court Affirms Death Sentence for Yosemite Cedar Lodge Murders

automatic / April 30, 2026

On automatic appeal, the California Supreme Court unanimously affirms the convictions and death sentence of Cary Stayner for the 1999 Cedar Lodge murders of Carole Sund, her daughter Juli, and Silvina Pelosso. Justice Evans concurred and dissented in part.

1st District Court of Appeal, Criminal Law, Litigation

People v. Hsiung — Animal Rights Activist’s Trespass Convictions Partially Reversed for Erroneous Limitation on Mistake of Law Defense

automatic / April 30, 2026

First District partially reverses animal rights activist's trespass convictions arising from open-rescue activities at Sonoma County poultry farms, holding the trial court erred by limiting evidence of the defendant's good-faith mistake of law about the legality of his conduct under the necessity doctrine, while affirming the misdemeanor trespass conviction and rejecting First Amendment challenges.

California Supreme Court, Constitutional Law, Criminal Law

In re Kowalczyk — California Supreme Court Reaffirms Constitutional Right to Bail, Limits When Pretrial Detention May Be Imposed

automatic / April 30, 2026

California Supreme Court reaffirms the constitutional right to pretrial release, requiring prosecutors to prove the necessity of detention by clear and convincing evidence and forbidding boilerplate denial-of-bail orders.

California Supreme Court, Criminal Law

People v. Lopez — California Supreme Court Clarifies Senate Bill 1437 Resentencing for Aiders and Abettors of Gang-Related Killings

automatic / April 30, 2026

California Supreme Court holds that gang-enhancement and vicarious firearm-use findings cannot substitute for proof of personal malice in Senate Bill 1437 resentencing hearings, opening the door to new resentencing for aiders and abettors of gang-related killings.

2nd District Court of Appeal, Administrative Law, Criminal Law

Garner v. California Victim Compensation Board — Vacatur Under Section 1172.6 Resentencing Statute Does Not Establish “Erroneous Conviction” Required for Compensation Under Section 4900

automatic / April 29, 2026

Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an "erroneous conviction" entitling the former defendant to compensation under section 4900, because Senate Bill 1437's narrowing of murder liability was a legislative act of lenity, not a determination that prior convictions were wrong.

6th District Court of Appeal, Criminal Law, Litigation

People v. Mohammed — Trial Courts Lack Inherent Jurisdiction to Correct Unauthorized Sentences After Judgment Becomes Final

automatic / April 29, 2026

Sixth District holds that trial courts lack inherent jurisdiction to correct unauthorized sentences after judgment becomes final, treats the appeal as a habeas petition, and orders the trial court to vacate a post-judgment resentencing that increased the defendant's sentence.

4th District Court of Appeal, Criminal Law, Litigation

People v. The North River Insurance Co. — Defendant’s Counsel Appearance Under Section 977 Triggers Bail Bond Exoneration; Court Retains Jurisdiction to Award Extradition Costs

automatic / April 28, 2026

Fourth District holds that a defendant's appearance through counsel under Penal Code section 977 satisfies the appearance requirement for bail bond exoneration and that the trial court retained jurisdiction to award extradition costs after conditional exoneration.

1st District Court of Appeal, Criminal Law, Litigation

People v. Emrick — Probation Condition Allowing Probation Department to Jail Defendant Without Hearing Improperly Delegates Judicial Authority

automatic / April 24, 2026

First District holds that a probation condition allowing the probation department to incarcerate a defendant for up to 120 days without a court hearing improperly delegates judicial authority and that denying custody credit for residential treatment requires a knowing waiver under Penal Code section 2900.5.

2nd District Court of Appeal, Constitutional Law, Criminal Law

Jessica M. v. CDCR — Penal Code Section 3051 Youth Offender Parole Hearings Constitutional as Applied to Forcible Sex Offenders Sentenced Under Section 667.6

automatic / April 23, 2026

Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6's full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica's Law).

2nd District Court of Appeal, Constitutional Law, Criminal Law

People v. Hardy — California’s Assault Weapon, Silencer, and Large-Capacity Magazine Bans Survive Second Amendment Facial Challenge After Bruen

automatic / April 22, 2026

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.

4th District Court of Appeal, Criminal Law, Litigation

Bobo v. Appellate Division of Superior Court — Trial Court Cannot Deny Misdemeanor Vehicular Manslaughter Diversion Based Solely on the Inherent Elements of the Charged Offense

automatic / April 22, 2026

Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without individualized analysis.

6th District Court of Appeal, Criminal Law, Litigation

People v. Landrine — Defendant Cannot “Satisfactorily Perform” Mental Health Diversion Without Substantially Complying with Diversion Requirements

automatic / April 21, 2026

Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.

California Supreme Court, Constitutional Law, Criminal Law

People v. Bertsch and Hronis — Convictions Affirmed, Bertsch Death Sentence Stands, but Hronis Death Sentence Vacated Because of Later Changes to Self-Representation Law

automatic / April 20, 2026

The California Supreme Court affirms the convictions and Bertsch's death sentence in this 1985 kidnap-rape-murder case but reverses Hronis's death sentence because of post-trial changes in the law governing a defendant's mental competency to represent himself.

1st District Court of Appeal, Criminal Law, Litigation

People v. C.F. — Trial Counsel’s Failure to Request Free Court Reporter Constitutes Ineffective Assistance in Antipsychotic Medication Hearing

automatic / April 17, 2026

First District holds that trial counsel's failure to request a free court reporter for an antipsychotic medication renewal hearing constituted ineffective assistance of counsel and reverses the order authorizing involuntary medication, remanding for a new hearing.

4th District Court of Appeal, Criminal Law, Litigation

People v. Superior Court (Austin) — Judge Who Was Former Homicide Prosecutor Must Be Disqualified from Racial Justice Act Hearing Challenging That Office’s Charging Practices

automatic / April 16, 2026

Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney's Office whose charging practices are under review created an appearance of bias.

4th District Court of Appeal, Criminal Law, Litigation

People v. Harzan — Conviction Reversed Where Trial Court Forced Defendant to Choose Between Entrapment Defense and Excluding Decades-Old Sexual Misconduct Evidence

automatic / April 16, 2026

Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.