People v. Butler Docket: B313121 (Second Appellate District), Opinion Date: February 15, 2022. Butler pleaded no contest to unlawful possession of ammunition and admitted to prior prison terms in exchange for five years’ probation. After Butler violated his probation terms, the trial court revoked probation in February 2020. Butler argued that the trial court lacked jurisdiction to revoke his probation because he already served the maximum probation term allowed under Assembl

United States v. Hansen Docket: 17-10548, Opinion Date: February 10, 2022. Hansen operated AHA, which ran a program that purported to help undocumented immigrants become U.S. citizens through adult adoption. Hansen falsely told victims that many immigrants had become U.S. citizens through the Program. No one had achieved U.S. citizenship through the Program; it is not possible to become a U.S. citizen through adult adoption. At least 471 victims participated in the Program; e

People v. Delgado Docket: B299482 (Second Appellate District), Opinion Date: February 10, 2022. Delgado was convicted of shooting at an occupied vehicle, assault with an assault weapon, and possession of a firearm by a felon. The jury found true gang and firearm enhancements. The court had instructed the jury with CALCRIM 315 that an eyewitness’s degree of certainty can be considered when evaluating the reliability of the witness’s identification. The court of appeal affirmed

California v. Hampton, Docket: C093270 (Third Appellate District), Opinion Date: February 10, 2022. Defendant Danny Hampton was convicted by jury of first degree murder and on two counts of robbery. He was sentenced to an aggregate terms of 33 years to life. The jury could not reach a verdict on the robbery-murder special-circumstance allegation, and that allegation was dismissed on the State's motion for insufficient evidence. Defendant filed a petition for resentencing unde

United States v. Mendoza Docket: 19-50092, Opinion Date: February 8, 2022. At age 15, Mendoza joined the Canta Ranas Organization (CRO), a Californian gang known for violent extortion and drug distribution. The government alleged that Mendoza continued as an active gang member until 2016, when he was arrested during federal law enforcement’s takedown of the CRO, citing incidents in 2013 and 2016 when police caught Mendoza with a handgun and methamphetamine and text message co

People v. Vasquez Docket: F078228A (Fifth Appellate District), Opinion Date: February 9, 2022. A jury convicted Vasquez and Carrillo of first-degree murder and found personal firearm use enhancements to be true as to both defendants and separately found true gang enhancements and discharge of a firearm by a principal causing death enhancements as to both defendants. The court found true prior prison term allegations against Vasquez, sentenced Vasquez to 25 years to life in pr

California v. Scarano Docket: C092538 (Third Appellate District), Opinion Date: February 9, 2022.Pursuant to a negotiated agreement approved by the trial court, defendant Anthony Scarano was granted five years of supervised probation after he pleaded no contest to possession of a firearm by a felon. Among the conditions of probation were a search condition, drug treatment programming, and drug testing. On appeal, defendant contended the trial court erred in denying his motion

People v. Mendoza Docket: B306169 (Second Appellate District), Opinion Date: February 3, 2022. Defendant appealed the trial court's judgment entered following a jury trial in which he was convicted of attempted extortion; attempted robbery; assault with a deadly weapon; assault with force likely to cause great bodily injury; assault with a deadly weapon; and dissuading a witness. The Court of Appeal concluded that substantial evidence supported defendant's conviction for exto

United States v. Jackson Docket: 19-10070, Opinion Date: February 3, 2022. Jackson violently attacked his girlfriend. The entire attack lasted six-seven minutes. Jackson was convicted of assault resulting in serious bodily injury, 18 U.S.C. 113(a)(6), and kidnapping, section 1201(a)(2). The Ninth Circuit reversed the kidnapping conviction. In kidnapping prosecutions under section 1201(a)(2), courts should consider the factors set forth in precedent to evaluate whether the cha

California v. Speck Docket: C093273 (Third Appellate District), Opinion Date: February 2, 2022. A jury found defendant Richard Speck guilty of felony vehicle theft and receiving stolen property with special allegations that the Honda was valued at over $950. Defendant testified; he denied stealing the Honda and knowing it was stolen or had been reported stolen. He claimed he had permission to drive the car and did not think it was stolen because it had an ignition that requir

People v. Sek Docket: B309003 (Second Appellate District), Opinion Date: February 1, 2022. Assembly Bill No. 333, which altered both the substantive and procedural law regarding gang enhancements under Penal Code section 186.22, applies retroactively in this case. Under the new law, in order to prove that the defendant committed a crime for the benefit of a criminal street gang, the prosecution must show that the benefit to the gang was "more than reputational." Here, the ins

People v. Chatman Docket: A151408A (First Appellate District), Opinion Date: January 31, 2022. Chatman was convicted of five counts of “identity theft,” Penal Code section 530.5(a),(c); mail theft, section 530.5(e); and second-degree commercial burglary, section 459. Applying Proposition 47, the court of appeal held that the “identity theft” crimes had to be treated as misdemeanors if the value of the personal identifying information obtained and used or possessed did not exc

Johnson v. Baker Docket: 20-17202, Opinion Date: January 26, 2022. In an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the district court entered an injunction, requiring Nevada prison officials to allow the plaintiff to possess no more than a half-ounce of scented oil in his cell for personal use with his prayers. The Ninth Circuit affirmed. Noting RLUIPA's expansive protections for religious liberty, the court concluded that Nevada’

California v. Rorabaugh Docket: C090482 (Third Appellate District), Opinion Date: January 25, 2022. When executing a search warrant at defendant Donald Rorabaugh’s home, police learned that one of his cars was a short distance away, at a ranch. Police went to the ranch and towed the car away to be stored until they could obtain a warrant to search it. Later, the trial court denied defendant’s motion to suppress evidence found in the car. In closing argument to the jury, the p

Jones v. Slade Docket: 20-15642, Opinion Date: January 24, 2022. The Ninth Circuit reversed the district court's grant of summary judgment in favor of prison officials in an action brought by plaintiff, alleging that the confiscation of his mail violated his rights under the Free Speech and Free Exercise Clauses of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The panel concluded that genuine issues of material fact exist both as t

People v. Tirado Docket: S257658, Opinion Date: January 20, 2022. The Supreme Court reversed the judgment of the court of appeal affirming the decision of the trial court to sentence Defendant to three years for robbery with a twenty-five-years-to-life enhancement under Cal. Penal Code 12022.53(d), holding that the trial court erred in denying Defendant's motion to strike. A jury convicted Defendant of second degree robbery, assault with a semiautomatic firearm, and driving u

Hemphill v. New York Docket: 20-637, Opinion Date: January 20, 2022. A stray 9-millimeter bullet killed a child after a Bronx street fight. Eyewitnesses described the shooter as wearing a blue shirt or sweater. Police officers determined Gilliam was involved and that Morris was at the scene. A search of Morris’ apartment revealed a 9-millimeter cartridge and .357-caliber bullets. Gilliam initially identified Morris as the shooter but subsequently said that Hemphill was the sh

California v. Zamora Docket: G059259 (Fourth Appellate District), Opinion Date: January 14, 2022. Israel Gutierrez Zamora was convicted on multiple charges, including attempted kidnapping and assault with a semiautomatic weapon. He petitioned for disclosure of juror identifying information pursuant to Code of Civil Procedure section 237. After denying the disclosure petition as untimely, the trial court sentenced Zamora to a total term of 98 years to life. Zamora then filed a

In re Lisea Court: California Courts of Appeal, Docket: C093386 (Third Appellate District), Opinion Date: January 13, 2022. This case arose out of a confrontation between petitioner’s gang and a rival gang in which an innocent bystander was shot. Petitioner, the driver of the vehicle from which his fellow gang members fired several shots, was convicted of attempted murder, assault with a firearm, criminal street gang participation with gang and firearm enhancements, for which

Sanders v. Davis Docket: 17-16511, Opinion Date: January 13, 2022. In 1982, Sanders was convicted of murder and sentenced to death. Sanders’s attorney, Hoover, had never represented a capital defendant before and conducted a minimal penalty phase investigation. Sanders told Hoover that he viewed a life without parole (LWOP) sentence as unacceptable and that he did not want Hoover to present a penalty defense. Hoover presented no evidence and made no argument during the penalt