Criminal Law

1st District Court of Appeal, Criminal Law

In re Jose S. — Juvenile Court Could Place Former DJJ Ward in Adult Jail

automatic / August 19, 2026

A published First District decision holds that section 875(k) permitted adult-jail placement for a former DJJ ward who had also received a state-prison sentence.

1st District Court of Appeal, Constitutional Law, Criminal Law

M.W. v. Superior Court — Amnesia Alone Does Not Establish Juvenile Incompetence

automatic / August 18, 2026

The First District held that a juvenile's amnesia did not establish incompetence where he otherwise understood the proceedings and could assist counsel.

2nd District Court of Appeal, Criminal Law

People v. Veliz — Attempted Robbery Does Not Require Actual Force or Fear

automatic / August 18, 2026

The Second District held that attempted robbery requires robbery intent and a direct step, but not proof that the defendant actually used force or caused fear.

California Supreme Court, Criminal Law, Litigation

People v. Esquivias — Limited Habeas Relief Does Not Automatically Reopen the Entire Sentence

automatic / August 17, 2026

The California Supreme Court held that striking firearm enhancements on habeas review did not automatically require full resentencing under all later ameliorative laws.

California Supreme Court, Constitutional Law, Criminal Law

People v. Lightsey — A Competency Hearing Could Not Reliably Reconstruct a Trial From 19 Years Earlier

automatic / August 17, 2026

The California Supreme Court reversed a reinstated capital judgment because a hearing held 19 years later could not reliably determine the defendant's competency at trial.

California Supreme Court, Constitutional Law, Criminal Law

People v. Pearson — California Supreme Court Affirms Death Judgment After Penalty Retrial

automatic / August 17, 2026

The California Supreme Court affirmed Kevin Pearson's death judgment and held that any Senate Bill 1437 error was harmless given the jury's valid findings and his conduct.

1st District Court of Appeal, Constitutional Law, Criminal Law

In re C.M. — Probation Officers Cannot Impose Juvenile Electronic Monitoring Without Court Review

automatic / August 14, 2026

A published California decision holds that probation officers cannot impose juvenile electronic monitoring without judicial review and clear standards.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

Brown v. Broomfield — Ninth Circuit Upholds California Death Sentence Under Deferential Habeas Review

automatic / August 14, 2026

The Ninth Circuit upheld a California death sentence, finding the state court reasonably rejected claims involving counsel, competency, and intellectual disability.

California Supreme Court, Criminal Law, Immigration

People v. Hernandez — Court Orders Plea Vacated for Faulty Immigration Advice

automatic / August 13, 2026

The California Supreme Court reversed and directed the trial court to grant the motion, vacate the convictions, and conduct further proceedings. Counsel’s generalized and inaccurate advice did not give Hernandez the concrete understanding needed to make an informed plea decision.

California Supreme Court, Constitutional Law, Criminal Law

People v. Shove — Supreme Court Affirms Capital Convictions and Death Judgment

automatic / August 13, 2026

The California Supreme Court affirmed the judgment in full. The majority concluded that the trial court did not commit reversible error in jury selection or the conduct of either phase and that the evidence supported the convictions, special circumstances, and penalty determination.

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

People v. Maldonado — Exclusion from competency hearing was harmless where presence would not aid fairness

automatic / August 11, 2026

A defendant's absence from a pretrial competency hearing did not require reversal because his presence would not have contributed to the hearing's fairness.

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

People v. McAlister — Prior Upper Term May Be Reimposed in Prison-Prior Resentencing

automatic / August 7, 2026

A court conducting prison-prior resentencing may reimpose an upper term that was part of the original sentence without a new jury finding.

Ninth Circuit Court of Appeals, Criminal Law, Litigation

United States v. Doyle — Judges Must Personally Review Each Graphic Exhibit Before Admission

automatic / August 7, 2026

The Ninth Circuit required item-by-item judicial review of graphic evidence under Rule 403 but found the failure harmless in Doyle’s case.

California Supreme Court, Civil Procedure, Criminal Law

People v. Hyatt — Prison speedy-trial demand is premature until actual delivery to state custody

automatic / August 6, 2026

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.

6th District Court of Appeal, Civil Procedure, Criminal Law

People v. Bocanegra — Murder Resentencing Petition Requires an Evidentiary Hearing

automatic / August 6, 2026

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.

6th District Court of Appeal, Criminal Law

People v. Cruz — vacated firearm enhancement cannot follow a redesignated offense

automatic / August 5, 2026

A firearm enhancement tied to a vacated attempted-murder conviction could not be imposed on the target offense redesignated at section 1172.6 resentencing.

1st District Court of Appeal, Criminal Law

People v. Keene — Section 654 Bars Multiple Punishment for the Same Drug-and-Firearm Possession

automatic / August 3, 2026

The Court of Appeal required stays for overlapping drug and firearm possession terms but upheld the upper term as harmless error.

Ninth Circuit Court of Appeals, Criminal Law

United States v. Ridley-Thomas — Ninth Circuit Upholds Los Angeles Public-Corruption Convictions

automatic / August 3, 2026

The Ninth Circuit upheld Mark Ridley-Thomas’s bribery and honest-services fraud convictions based on a $100,000 funneling arrangement.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law

United States v. Ridley-Thomas — Ninth Circuit affirms Los Angeles bribery convictions

automatic / August 3, 2026

The Ninth Circuit upheld Mark Ridley-Thomas’s bribery and honest-services convictions based on an indirect $100,000 benefit for his son.

California Supreme Court, Civil Procedure, Constitutional Law, Criminal Law

People v. Sanmiguel — Courts must scrutinize demeanor-based reasons for juror strikes

automatic / July 30, 2026

California’s high court clarified how judges must evaluate demeanor-based explanations for peremptory juror strikes under section 231.7.

1st District Court of Appeal, Constitutional Law, Criminal Law

Thompson v. Superior Court — Mental-health diversion may include rehabilitative search conditions

automatic / July 30, 2026

Trial courts may impose reasonable, rehabilitation-focused conditions when granting pretrial mental-health diversion.

3rd District Court of Appeal, Criminal Law

People v. McAllister — One case permits one restitution fine despite multiple counts

automatic / July 30, 2026

A trial court must impose a single restitution fine for one criminal case rather than separate fines for individual counts.

4th District Court of Appeal, Criminal Law

People v. Kazarian — Omitted traffic-law definitions were harmless in felony-evasion trial

automatic / July 30, 2026

Any failure to define the traffic violations supporting felony evasion was harmless where the undisputed driving conduct clearly violated those laws.

Ninth Circuit Court of Appeals, Criminal Law, Litigation

United States v. Yates — Prosecutors Retain Broad Control Over Third Acceptance Point

automatic / July 29, 2026

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.

4th District Court of Appeal, Constitutional Law, Criminal Law, Litigation

People v. Carrillo — gang expert’s race-related testimony did not violate the Racial Justice Act

automatic / July 28, 2026

Race-related gang testimony tied to the evidence did not itself violate the Racial Justice Act, though counsel must timely preserve an RJA claim.