Criminal Law

2nd District Court of Appeal, Criminal Law, Litigation

People v. Player — Jury’s Not-True Firearm Findings Do Not Collaterally Estop Resentencing Court from Finding Defendant Was Actual Killer

automatic / April 7, 2026

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 People v. Hart.

California Supreme Court, Constitutional Law, Criminal Law

People v. Deen — Death Sentence Reversed Because Trial Court Failed to Probe Juror’s Possible Bias from Knowing the Murdered Police Chief

automatic / April 6, 2026

The California Supreme Court reverses Omar Deen's capital conviction and death sentence because the trial court failed to adequately examine whether a juror who had a personal connection to the murdered police chief harbored actual bias.

2nd District Court of Appeal, Criminal Law, Litigation

In re Melson — Murder Conviction Vacated for Napue Error and Ineffective Assistance Where Prosecutor Failed to Correct False Eyewitness Testimony

automatic / April 2, 2026

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. Oklahoma decision.

1st District Court of Appeal, Criminal Law

People v. Newt — ‘Receiving’ large-capacity magazine under Penal Code section 32310(a) requires more than mere possession; felony conviction reversed

automatic / March 30, 2026

First District holds that the term 'receives' in Penal Code section 32310(a) requires more than mere possession of a large-capacity magazine, and reverses a felony conviction supported only by evidence that the defendant possessed the magazine in his car.

1st District Court of Appeal, Criminal Law

People v. Nielsen — Defense forfeited section 1170(b)(6) low term presumption claim by failing to raise childhood trauma argument at sentencing; dissent disagrees

automatic / March 30, 2026

First District holds, with one justice dissenting, that a defendant forfeited his Penal Code section 1170(b)(6) low term presumption claim by failing to raise it at sentencing despite submitting evidence of childhood trauma.

6th District Court of Appeal, Constitutional Law, Criminal Law

Armstrong v. Superior Court — Probation department, not court, decides eligibility for young adult deferred entry of judgment under Penal Code section 1000.7

automatic / March 27, 2026

Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7's young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.

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

In re J.H. — Juvenile court may consider victim impact statement at six-month baseline review hearing if limited to rehabilitation-relevant material

automatic / March 27, 2026

First District holds that a juvenile court may consider a victim impact statement at a six-month baseline review hearing if it limits its consideration to material relevant to the juvenile's rehabilitation.

4th District Court of Appeal, Criminal Law, Immigration

People v. Avena — Section 1473.7 motion granted because counsel did not negotiate immigration-safe plea after intervening change in law

automatic / March 26, 2026

Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.

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

In re E.J. — Penal Code section 29820 firearm prohibition for juvenile offenders is facially constitutional under Bruen framework

automatic / March 26, 2026

Fourth District holds that Penal Code section 29820's firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.

5th District Court of Appeal, Constitutional Law, Criminal Law

In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision

automatic / March 26, 2026

Fifth District holds that Penal Code section 292's definitions of 'acts of violence' and 'great bodily harm' are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and convincing evidence.

5th District Court of Appeal, Criminal Law

People v. Chang — Mere presence of peace officer is not the ‘objective correlate’ required for imperfect self-defense instruction in delusion case

automatic / March 25, 2026

Fifth District holds that the mere presence of peace officers attempting a routine traffic stop is not the 'objective correlate' required to support an imperfect self-defense instruction for a defendant whose only basis for self-defense was a delusion.

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

Chi v. Department of Motor Vehicles — Post-California DUI Lawyers DMV hearing structure satisfies due process; ordinary judicial questioning is not advocacy

automatic / March 24, 2026

First District holds that the DMV's revised hearing structure satisfies due process and rejects the broader 'appearance of bias' approach used in Romane v. DMV (now before the California Supreme Court).

2nd District Court of Appeal, Criminal Law

People v. Tzul — Murder convictions reversed because trial court erroneously excluded handwritten ‘rage note’ relevant to provocation defense

automatic / March 23, 2026

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.

2nd District Court of Appeal, Criminal Law

People v. Taft — Trial court retains jurisdiction under Penal Code section 1237.1 to correct presentence custody credit errors during pending appeal

automatic / March 20, 2026

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.

4th District Court of Appeal, Criminal Law

People v. Perez — Police cannot order a person out of a home without a warrant or probable cause; in-home detention rule extends to officers standing outside

automatic / March 20, 2026

Fourth District holds that police violated the Fourth Amendment by ordering a man out of a residence at gunpoint without a warrant or probable cause and rejects the contrary 1985 Trudell decision.

6th District Court of Appeal, Criminal Law

People v. Perez — Vehicle impoundment to prevent unlicensed driving alone does not satisfy Fourth Amendment community caretaking requirement

automatic / March 19, 2026

Sixth District holds that impounding a suspended-license driver's minivan solely to prevent further illegal driving violates the Fourth Amendment community caretaking doctrine and orders suppression of evidence from the resulting inventory search.

4th District Court of Appeal, Criminal Law

Meiner v. Superior Court — Apple Pay account is a ‘financial account’ excluded from warrantless probation searches

automatic / March 18, 2026

Fourth District holds that an Apple Pay account is a 'financial account' excluded from warrantless probation searches and orders suppression of bank evidence obtained through a warrant relying on the unlawful search.

2nd District Court of Appeal, Criminal Law

People v. Jones — Defendant in custody in another county did not willfully fail to appear; uncertified court records were inadmissible to prove Cruz waiver violation

automatic / March 17, 2026

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.

1st District Court of Appeal, Criminal Law

People v. Dunn — No sua sponte circumstantial evidence instruction required where direct evidence supported felon-in-possession charges

automatic / March 16, 2026

First District holds that a trial court had no sua sponte duty to give a circumstantial evidence instruction in a felon-in-possession case where direct evidence linked the defendant to the cabin containing the guns and ammunition.

4th District Court of Appeal, Criminal Law

People v. Riggs — Defense counsel’s brief administrative suspension during trial does not, by itself, establish ineffective assistance of counsel

automatic / March 16, 2026

Fourth District holds that defense counsel's brief administrative suspension from the State Bar for trust account reporting noncompliance during trial does not, by itself, establish a denial of the right to effective assistance of counsel.

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

In re O.F. — Juvenile transfer order to adult court reversed for failure to apply heightened standards under AB 2361 and SB 545

automatic / March 13, 2026

First District reverses a juvenile court order transferring a 16-year-old murder defendant to adult court because the court did not apply the heightened amenability standards required by AB 2361 and SB 545.

6th District Court of Appeal, Criminal Law

People v. Anderson — CalECPA does not require suppression of phone evidence when officers reasonably relied on consent from deceased suspect’s mother

automatic / March 13, 2026

Sixth District holds that even if a search of a deceased suspect's phone violated the California Electronic Communications Privacy Act, suppression is not required because officers acted in good-faith reliance on the mother's consent.

2nd District Court of Appeal, Criminal Law

People v. Valencia — Hot pursuit and the safety of family members justified warrantless entry that led to standoff and officer’s death

automatic / March 10, 2026

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.

1st District Court of Appeal, Criminal Law

People v. Uceda — Murder conviction affirmed but drive-by shooting conviction reversed for failure to instruct on lesser included offense

automatic / March 5, 2026

First District affirms a murder conviction but reverses a drive-by shooting conviction because the trial court failed to instruct the jury on grossly negligent discharge of a firearm as a lesser included offense.

2nd District Court of Appeal, Criminal Law

People v. Nelson — Trial court’s denial of mental health diversion is reviewed deferentially; concurring justice criticizes contrary Fourth District opinion

automatic / March 5, 2026

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.