DAR

For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com

Daily appellate reports

Enewsletter Sign-up

Search Filters

Filter by date

to

Search by Case Name

Search by Judge

Search by Case Number

Search by DJ Citation Number

Search by Category

Search by Court

Case #	Name	Category	Court	Judge	Published
10-10571	U.S. v. Perelman First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive.	Criminal Law and Procedure			Sep. 26, 2011
10-50074	U.S. v. Chung Sufficient evidence supports defendant's conviction for espionage where proprietary documents, which were considered ‘trade secrets,’ were found in his possession.	Criminal Law and Procedure			Sep. 26, 2011
10-50399	U.S. v. Sykes Modification of sentence that imposes statute’s mandatory minimum, falling within amended sentencing range, does not constitute new sentence.	Criminal Law and Procedure			Sep. 26, 2011
H035902	People v. Nottoli Warrantless searches of vehicle and cell phone discovered in vehicle following traffic stop are justified as searches incident to arrest.	Criminal Law and Procedure			Sep. 26, 2011
B227019	People v. Aguirre Federal indictment is not ‘direct consequence’ of guilty plea in state court where federal charge and state conviction are different offenses.	Criminal Law and Procedure			Sep. 26, 2011
G044493	People v. Gari 'Coram nobis' writ relief is unavailable to petitioner who failed to show existence of fact that was not presented at trial and would have prevented his conviction.	Criminal Law and Procedure			Sep. 25, 2011
07-10607	U.S. v. Fitch Following fraud and money laundering convictions, sentencing court may consider uncharged premeditated murder to support drastic upward departure from Sentencing Guidelines.	Criminal Law and Procedure			Sep. 25, 2011
10-50313	U.S. v. Rivera Eight-level offense level increase is proper where theft offense qualified as aggravated felony based on judicially-noticeable documents.	Criminal Law and Procedure			Sep. 25, 2011
09-16142	Prellwitz v. Sisto Court lacks jurisdiction to review district court’s order instructing Board of Parole Hearings to conduct new hearing because order was not final decision.	Criminal Law and Procedure			Sep. 22, 2011
B232295	People v. Superior Court (O’Connor) Inability to complete evaluations due to increased workload and staff shortages is not ‘exigent circumstance’ establishing good cause for 45-day hold on release.	Criminal Law and Procedure			Sep. 22, 2011
G044482	People v. Moses Probation conditions are unconstitutionally overbroad because they fail to adequately inform defendant whether conduct will comply with conditions and lack scienter requirement.	Criminal Law and Procedure			Sep. 20, 2011
08-10579	U.S. v. Dugan Statute prohibiting shipping and receiving of firearms through interstate commerce while using controlled substance does not violate Second Amendment.	Criminal Law and Procedure			Sep. 20, 2011
10-10223	U.S. v. Baker District court exceeds its statutory authority when imposing DNA collection as condition of defendant’s probation following misdemeanor conviction.	Criminal Law and Procedure			Sep. 20, 2011
10-50341	U.S. v. Ibarra-Pino Defendant is not entitled to jury instruction on duress because he had reasonable opportunity to escape threatened harm via law enforcement.	Criminal Law and Procedure			Sep. 20, 2011
B226807	County of Los Angeles v. Bankers Insurance Co. Surety has 185-day period following date of bail forfeiture to file motion to exonerate bond.	Criminal Law and Procedure			Sep. 20, 2011
G043124	People v. Shields Defendant in possession of multiple images of minor involved in sexual acts may be separately convicted for each piece of media involving same victim.	Criminal Law and Procedure			Sep. 19, 2011
B226343	People v. Amperano Information naming specific victim is immaterial where trial proceeds on theory of intent to kill anyone inside house, giving defendant adequate notice of charge.	Criminal Law and Procedure			Sep. 19, 2011
G043384	People v. Gonzales Active gang participant may be liable for gang offenses even if he acts alone, without assistance or participation of other gang members.	Criminal Law and Procedure			Sep. 16, 2011
10-50306	U.S. v. Ruiz-Apolonio Rape is categorically 'crime of violence' under federal definition of forcible sex offense because it criminalizes intercourse accomplished without consent, thus warranting enhancement.	Criminal Law and Procedure			Sep. 15, 2011
10-50069	U.S. v. Ayala-Nicanor Conviction for willful infliction of corporal injury is categorical ‘crime of violence,’ which justifies sentence enhancement.	Criminal Law and Procedure			Sep. 15, 2011
10-10177	U.S. v. Tafoya-Montelongo State’s definition of child abuse categorically qualifies as crime of violence under federal definition of child abuse, warranting sentence enhancement.	Criminal Law and Procedure			Sep. 15, 2011
08-56484	Trigueros v. Adams California Supreme Court decision finding state habeas petition timely tolls statute of limitations under Antiterrorism and Effective Death Penalty Act.	Criminal Law and Procedure			Sep. 15, 2011
08-50141	U.S. v. Martinez Records maintained by local police department in murder investigation, which related to prosecution of RICO case, are exempt from discovery.	Criminal Law and Procedure			Sep. 15, 2011
B225879	People v. Morrison Rebuttal testimony contradicting defendant’s claims made on direct examination is admissible as relevant to defendant’s credibility.	Criminal Law and Procedure			Sep. 15, 2011
B224430	People v. Gray Court has sua sponte duty to instruct jury on offense of battery as lesser included offense of engaging in lewd acts upon child under 14.	Criminal Law and Procedure			Sep. 15, 2011
F060865	People v. Orozco Court may impose fee for probation report in all cases, regardless of whether defendant is granted probation or sentenced to prison.	Criminal Law and Procedure			Sep. 15, 2011
G044359	People v. Landau Dept. of Mental Health must authorize petition for unconditional release by sexually violent predator after report concluded that he no longer qualified as such.	Criminal Law and Procedure			Sep. 14, 2011
08-16676	Reina-Rodriguez v. U.S. Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively.	Criminal Law and Procedure			Sep. 14, 2011
09-55666	Rossum v. Patrick Intervening Supreme Court decision in 'Harrington v. Richter,' which controls issue on rehearing, prompts court to affirm initial denial of defendant’s habeas petition.	Criminal Law and Procedure			Sep. 14, 2011
10-10045	U.S. v. Alvarez-Moreno District court may not order new trial for defendant, who never properly waived his right to jury trial, in absence of motion for new trial by defendant.	Criminal Law and Procedure			Sep. 14, 2011