Criminal Law

Secondary practice area

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

/ 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.

Constitutional Law, Criminal Law

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

/ 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.

Constitutional Law, Criminal Law

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

/ 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.

Criminal Law

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

/ 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.

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

/ 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.

Criminal Law, Litigation

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

/ 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.

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

/ 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.

Criminal Law, Litigation

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

/ 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.

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

/ 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).

Constitutional Law, Criminal Law

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

/ 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.