Criminal Law

1st District Court of Appeal, Criminal Law

In re J.C. — Brandishing an Imitation Firearm Does Not Trigger Penal Code’s Firearm Prohibition for Juvenile Offenders

automatic / February 9, 2026

First District holds that brandishing an imitation firearm under Penal Code section 417.4 is not among the offenses that trigger the juvenile-firearm ban under Penal Code section 29820, and vacates that probation condition.

4th District Court of Appeal, Criminal Law, Litigation

Esparza v. Superior Court — LPS Grave-Disability Finding Is Not Equivalent to Incompetence to Testify Under Evidence Code Section 701

automatic / February 5, 2026

Fourth District grants writ relief, holding that a probate court's grave-disability finding under the LPS Act does not establish that the person is incompetent to testify under Evidence Code section 701, which requires its own determination.

4th District Court of Appeal, Criminal Law

People v. Gomez — Prosecutor’s ‘Dog and Slushy’ Analogy About Circumstantial Evidence Did Not Violate the Racial Justice Act

automatic / February 4, 2026

Fourth District affirms convictions but remands for resentencing in a vehicle-theft case, holding the prosecutor's and defense counsel's use of a 'dog drinking a slushy' analogy to explain circumstantial evidence did not violate the Racial Justice Act.

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

People v. Heaps — UCLA Gynecologist’s Convictions Reversed Where Trial Court’s Ex Parte Communications With Jury Deprived Defendant of Counsel

automatic / February 2, 2026

Second District reverses convictions of former UCLA gynecologic oncologist James Heaps, holding the trial court's ex parte communications with the jury through a judicial assistant — without notifying counsel — deprived defendant of counsel at a critical stage and the prosecution failed to prove the error was harmless.

California Supreme Court, Constitutional Law, Criminal Law

Sellers v. Superior Court — Loose Marijuana Crumbs on a Car Floor Are Not an Open Container and Cannot Justify a Vehicle Search

automatic / January 29, 2026

The California Supreme Court holds that a small amount of loose marijuana scattered on a car floor is not an open container under state law and does not give police probable cause to search the vehicle.

5th District Court of Appeal, Criminal Law

People v. Dixon — Grand Jury Transcripts and Police Reports Are Not Admissible at Section 1172.6 Evidentiary Hearings

automatic / January 26, 2026

Fifth District holds that grand jury transcripts and police reports are not within section 1172.6(d)(3)'s hearsay exception and were inadmissible at the petitioner's section 1172.6 evidentiary hearing, vacating the denial and remanding for a new hearing.

4th District Court of Appeal, Criminal Law, Litigation

Siam v. Superior Court — Trial Court Erred in Denying Mental-Health Diversion by Overriding Sole Expert and Relying on Unsupported Findings

automatic / January 26, 2026

Fourth District grants writ relief, holding that an Orange County trial court applied the wrong legal standard and relied on findings unsupported by substantial evidence when denying mental-health pretrial diversion to a defendant diagnosed with paranoid schizophrenia.

2nd District Court of Appeal, Criminal Law

People v. Grandberry — Senate Bill 81’s Section 1385 Amendments Do Not Apply to Three-Strikes Prior-Strike Convictions

automatic / January 22, 2026

Second District affirms a 25-years-to-life sentence after a section 1172.75 resentencing, holding that Senate Bill 81's amendments to Penal Code section 1385(c) do not apply to dismissal of prior strike convictions under the Three Strikes Law.

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

Harmon v. Superior Court — Public Defender Has Discretion to Decline Appointment to Habeas Petitioner Under Government Code Section 27706(g)

automatic / January 20, 2026

Fourth District grants writ relief, holding that Government Code section 27706(g) gives a public defender discretion to decline appointment to represent a habeas petitioner — including a Racial Justice Act claimant — without showing unavailability.

2nd District Court of Appeal, Criminal Law

People v. Rodriguez — Trial Court May Consider Preliminary-Hearing Hearsay at Section 1172.6 Prima Facie Stage; Petitioner Gets Chance to Amend

automatic / January 15, 2026

Second District affirms denial of a section 1172.6 murder-resentencing petition based in part on preliminary-hearing hearsay, but remands to give the petitioner 30 days to file an amended petition.

2nd District Court of Appeal, Criminal Law

People v. Craig — Trial Court Used Wrong Standard When Denying Discretionary Resentencing Petition Under Section 1172.1

automatic / January 15, 2026

Second District holds an order denying a Penal Code section 1172.1 recall-and-resentencing petition is appealable, and reverses where the superior court applied an incorrect legal standard in deciding whether to resentence the petitioner.

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

Microsoft Corp. v. Superior Court — Nondisclosure Order Barring Notice to USC Survives CalECPA and First Amendment Challenge

automatic / January 14, 2026

Second District denies Microsoft's writ petition challenging a court-issued nondisclosure order that barred Microsoft from notifying its enterprise customer, USC, that the LAPD had served a search warrant on a USC graduate student's email account.

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

People v. McCowan — Inventory Search of Towed Vehicle Upheld; Bruen Does Not Invalidate California’s Assault-Weapon and Magazine Bans

automatic / January 13, 2026

First District affirms convictions for possessing an assault weapon and a large-capacity magazine, holding the inventory search of the defendant's vehicle was lawful and that California's assault-weapon and magazine bans survive Bruen.

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

In re Thai — Indeterminate-Life Inmates Not Constitutionally Entitled to Same Conduct Credits Toward Youth-Parole Eligibility as Toward Standard Parole

automatic / January 13, 2026

First District denies habeas relief, holding that CDCR may constitutionally permit only educational merit credits — and not other prison conduct credits — to advance an inmate's youth-parole eligibility date under Penal Code section 3051.

2nd District Court of Appeal, Criminal Law

People v. Washington — Inmate Released on Parole Before Resentencing Still Eligible for Section 1172.75 Relief

automatic / January 13, 2026

Second District holds an inmate identified by CDCR as eligible for resentencing under Penal Code section 1172.75 does not lose that eligibility by being released on parole before the resentencing hearing occurs.

5th District Court of Appeal, Criminal Law

People v. Jimenez — Felony Vandalism Conviction Reversed Where More Specific Jail-Damage Statute Applies

automatic / January 12, 2026

Fifth District holds Penal Code section 4600's specific statute on damaging jail or prison property displaces the general felony vandalism statute, requiring reversal of an inmate's vandalism conviction and remand for resentencing.

1st District Court of Appeal, Criminal Law, Litigation

People v. Cagle — Court Affirms Mentally Disordered Offender Recommitment Despite No Actuarial Risk Tool

automatic / January 8, 2026

First District affirms a one-year extension of a mentally disordered offender's commitment at Coalinga State Hospital, holding the patient forfeited his due-process and equal-protection challenges to the lack of an actuarial risk-assessment tool, and that any instructional error was harmless.

4th District Court of Appeal, Criminal Law, Litigation

People v. Aguilar — Conviction Reversed Where Prosecutor Struck Latina Juror Without Substantial Evidence of Confusion

automatic / January 2, 2026

Fourth District reverses a multi-count conviction because the trial court accepted, without substantial supporting evidence, the prosecution's stated reason for striking the only Latina juror under amended Code of Civil Procedure section 231.7.