This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    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
Name Category Published
People v. Davis
Restrictive language in Prop 47 does not limit measure of ‘unreasonable risk of danger to public safety’ to Section 667(e)’s enumerated list of felonies.
Criminal Law and Procedure Mar. 1, 2015
U.S. v. Valdez-Novoa
Immigration judge’s failure to inform alien of eligibility for relief does not warrant reversal of conviction where alien suffered no prejudice.
Criminal Law and Procedure Mar. 1, 2015
People v. Johnson
Fact that victim’s car keys were likely within her control satisfies ‘immediate presence’ carjacking requirement, and substantiates death penalty affirmance based upon special circumstances carjacking murder.
Criminal Law and Procedure Feb. 26, 2015
Yates v. U.S.
Fisherman off the hook for throwing undersized fish overboard in case that hinged on interpretation of ‘tangible objects.’
Criminal Law and Procedure Feb. 25, 2015
People v. Crockett
Past recidivism – coupled with presently identifiable risk of re-offense – enough to deny resentencing petition.
Criminal Law and Procedure Feb. 24, 2015
People v. Soria
Convictions for rape of intoxicated person and rape of unconscious person stemming from single act of intercourse are consolidated into single rape count.
Criminal Law and Procedure Feb. 24, 2015
In re D.D.
Smell of marijuana, presence in private parking lot, and defendant’s suspicious protection of right hip substantiate officers’ detention and search under Fourth Amendment.
Criminal Law and Procedure Feb. 23, 2015
People v. Tittle
Under Three Strikes Law, trial courts may impose recidivism enhancement for each of offender’s current qualifying offenses.
Criminal Law and Procedure Feb. 19, 2015
People v. Andrews
Instruction on <EM> Mayberry </EM> defense necessary where sexual battery defendant shows substantial evidence of mistake as to consent.
Criminal Law and Procedure Feb. 19, 2015
People v. Crockett
Past recidivism – coupled with presently identifiable risk of re-offense – enough to deny resentencing petition.
Criminal Law and Procedure Feb. 19, 2015
People v. Harris
Warrantless blood draw of motorist suspected of DUI comports with Fourth Amendment despite recent U.S. Supreme Court decision in ‘McNeely.’
Criminal Law and Procedure Feb. 19, 2015
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement.
Criminal Law and Procedure Feb. 19, 2015
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion.
Criminal Law and Procedure Feb. 18, 2015
U.S. v. Dibe
Ineffective-assistance-of-counsel claim is not mitigating factor courts may consider at sentencing.
Criminal Law and Procedure Feb. 12, 2015
People v. Wilson
Multiple threatening statements made to single victim during single encounter justifies only one conviction for making criminal threats.
Criminal Law and Procedure Feb. 11, 2015
People v. Lewis
Convictions for sex crimes against child are upheld despite delay in reporting crimes that occurred in 1989.
Criminal Law and Procedure Feb. 11, 2015
People v. Wade
Person who carries loaded firearm inside backpack violates statute prohibiting carrying of loaded firearm ‘on the person.’
Criminal Law and Procedure Feb. 11, 2015
People v. Cisneros
Prosecutor’s preference for next prospective juror over dismissed male jurors was not adequate nondiscriminatory reason for such dismissal.
Criminal Law and Procedure Feb. 10, 2015
People v. Simmons
Trial court, uncomfortable with defendants’ ‘sketchy behavior,’ withdraws package plea agreement.
Criminal Law and Procedure Feb. 9, 2015
People v. Munoz
Drug offender’s failure to object to counseling condition in trial court renders claim on appeal forfeited.
Criminal Law and Procedure Feb. 6, 2015
People v. Cook
Great bodily harm enhancement may not be applied to manslaughter or murder convictions.
Criminal Law and Procedure Feb. 6, 2015
United States v. Burgos-Ortega
Prior state conviction properly considered for sentence enhancement, where no realistic possibility that state statute applied to conduct outside federal generic definition.
Criminal Law and Procedure Feb. 6, 2015
People v. Rodriguez
In deciding whether to resentence inmate under Prop. 36, trial courts need not retain expert in gauging inmate’s current dangerousness.
Criminal Law and Procedure Feb. 6, 2015
People v. Braslaw
Not an error to exclude optional, mistake-of-fact portion of jury instruction in rape trial where evidence did not support portion's inclusion.
Criminal Law and Procedure Feb. 3, 2015
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision.
Criminal Law and Procedure Feb. 3, 2015
People v. Rivera
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony.
Criminal Law and Procedure Feb. 2, 2015
People v. Lynall
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony.
Criminal Law and Procedure Feb. 2, 2015
People v. Cannata
Statements admitting child sexual abuse fall outside psychotherapist-patient privilege.
Criminal Law and Procedure Feb. 2, 2015
U.S. v. Hsiung
In criminal antistrust case, convictions of all defendants affirmed; sentence of one defendant who submitted challenge affirmed; and petitions for rehearing and rehearing en banc denied.
Criminal Law and Procedure Feb. 2, 2015
People v. Ramirez
Defendants who provoked gang fight not necessarily disqualified from self-defense in subsequent murder prosecution.
Criminal Law and Procedure Jan. 30, 2015