The Supreme Courts retroactivity analysis, in Teague v. Lane, does not apply in state court post-conviction proceedings. See Danforth v. Minnesota, 552 U.S. 264, 282, 128 S. Ct. 1029, 169 L. Ed. 2d 859 (2008) (stating that Teague "does not in any way limit the authority of a state court, when reviewing its own state criminal convictions, to provide a remedy for a violation that is declared 'nonretroactive' under Teague."); Denisyuk v. State, 30 A.3d 914 (2011);

People v. Maultsby, 53 Cal.4th 296, 265 (Jan. 5, 2012) (Penal Code 1237.5, requiring a defendant who pleads guilty or nolo contendere to obtain a certificate of probable cause to appeal before appealing a his felony conviction, does not apply where the defendant was convicted by jury of the criminal offense, but admitted a prior conviction sentence enhancement, and appealed only his admission of the prior conviction, because 1237.5 makes no mention of admissions of prior conviction allegations or other sentence enhancement allegations.); disapproving People v.

California Legislature may consider proposed bill to block state jails and prisons from enforcing immigration detainers. http://www.latimes.com/news/local/la-me-immigration-law-20120128,0,72860...

People v. Feyrer, (2010) 48 Cal.4th 426, 433 n.5 (direct appeal is proper means to review denial of a motion to modify a felony conviction to a misdemeanor, under Penal Code 17(b), for a wobbler offense underlying a plea agreement after termination of probation); see People v. Miller (5th Dist. Jan.

People v. Johnson, 53 Cal.4th 519, 267 Cal.Rptr. ___, 2012 WL 254856 (Jan. 31. 2012) (trial courts may deny self-representation at trial by a defendant, due to mental health issues, in those cases where Indiana v. Edwards permits such denial;
the standard is whether the defendant suffers from a severe mental illness to the point where he or she cannot carry out the basic tasks needed to present the defense without the help of counsel); following Indiana v. Edwards, 554 U.S. 164, 174, 128 S.Ct.

California Penal Code 243(d), battery causing serious bodily injury, which can be a strike if it is a felony, may be an immigration-safe disposition if there is no sentence imposed, suspended or not, of one year or more. If the record of conviction does not disclose the age of the child, this conviction does not constitute a sexual abuse of a minor aggravated felony. It is also not a registerable offense. Because there is no element requiring an intent to harm, this offense, like simple battery, should not be considered a crime of moral turpitude or crime of violence.

California Penal Code 288a, oral copulation, does not require sex offender registration. See People v. Hofsheier (2006) 37 Cal.4th 1185 (equal protection argument comparing oral copulation to actual intercourse which is nonregistrable). Similarly, unlawful sex with a minor, under Penal Code 261.5, does not require sex offender registration. The record must be clear of any information that the victim is a minor or it will be a deportable crime of child abuse.

People v. Miller, 202 Cal.App.4th 1450 (5th Dist. Jan.27, 2012) (rejecting collateral attack against a plea to felony possession of diazepam, brought after the appellant had served the full term of his probation, where there was error in charging and accepting the plea to diazepam possession as a felony, when by statute it is at most a misdemeanor, but for reasons of public policy, the appellant was estopped from having his plea vacated and his conviction modified by his consent to the plea agreement).

Marijuana means all parts of the plant Cannabis sativa L. Health & Safety Code 11018. This excludes Cannabis Indica. This definition is the same as the definition of marijuana listed in the federal Controlled Substances Act, 21 U.S.C. 802(16).

People v. Clancey, 202 Cal.App.4th 790 (Cal.App. Jan. 10, 2012) (trial court's offered sentence was not proper because it was: 1) conditioned on the defendant pleading to all counts and admitting all allegations, and 2) operated as a commitment by the judge to impose the offered sentence or to allow the defendant to withdraw the pleas and admissions).