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. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness.
Criminal Law and Procedure Jan. 29, 2013
People v. Hunt
Probation revocation fine totaling $240 must be imposed on defendant who received suspended sentence and was placed on probation for transporting cocaine.
Criminal Law and Procedure Jan. 28, 2013
People v. International Fidelity Insurance Co.
Attorney’s loss of contact with defendant is insufficient ground for forfeiture of bail bonds because attorney continued to appear for defendant in court.
Criminal Law and Procedure Jan. 25, 2013
Thompson v. Runnels
Defendant’s post-Miranda statements admitting to murder, as well as videotaped reenactment, are admissible because no police misconduct occurred.
Criminal Law and Procedure Jan. 24, 2013
People v. Tinker
Defendant who pleaded no contest to transportation of methamphetamine is entitled to presentence conduct credits due to former statute in effect at time.
Criminal Law and Procedure Jan. 24, 2013
People v. Smith
State must prove sexually violent predator is not entitled to conditional release when he supported petition with favorable annual psychological evaluation recommending release.
Criminal Law and Procedure Jan. 23, 2013
People v. Navarro
First Amendment does not protect defendant, who was found guilty of dissuading witness from reporting crime, when he grabbed phone from victim while she called police.
Criminal Law and Procedure Jan. 22, 2013
Hurles v. Ryan
Judicial recusal may be appropriate where judge became involved in capital defendant’s appeal by making statements regarding evidence of guilt before trial.
Criminal Law and Procedure Jan. 21, 2013
People v. Nguyen
Convictions for attempted unlawful assault weapon activity and attempted possession of assault weapon are correct, even if AK-47 was not yet fully assembled.
Criminal Law and Procedure Jan. 21, 2013
U.S. v. Gallegos-Galindo
Removed alien who illegally reentered country after being convicted of third-degree rape is properly sentenced with 16-level crime of violence enhancement.
Criminal Law and Procedure Jan. 17, 2013
People v. Caldwell
Prosecutor does not commit misconduct by rebutting claim that police detective lied regarding photo lineups and asserting that detective had no reason to lie.
Criminal Law and Procedure Jan. 17, 2013
People v. Guillen
Defendant convicted of driving with a 0.08 percent or higher blood alcohol content with admission of prior felony must serve sentence in state prison.
Criminal Law and Procedure Jan. 16, 2013
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma.
Criminal Law and Procedure Jan. 16, 2013
U.S. v. Vidal-Mendoza
Removal proceedings do not violate due process rights of alien who illegally reentered country because at time of removal order, alien was ineligible for relief.
Criminal Law and Procedure Jan. 15, 2013
Gentry v. Sinclair
District court improperly concludes that claim for ineffective assistance in failing to present mitigating evidence at penalty phase was procedurally defaulted.
Criminal Law and Procedure Jan. 15, 2013
U.S. v. Jensen
Following defendant's failure to appear for service of sentence and subsequent conviction, court applies five-year, rather than two-year, maximum sentence.
Criminal Law and Procedure Jan. 14, 2013
U.S. v. Hardeman
Enhanced penalty for committing sex offense involving minor when defendant was already required to register as sex offender is not retrospective additional punishment.
Criminal Law and Procedure Jan. 14, 2013
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security.
Criminal Law and Procedure Jan. 14, 2013
People v. Griffis
Defendant may be entitled to county, rather than state, sentence because court relied on reference in probation report to find Washington felonies were strikes.
Criminal Law and Procedure Jan. 14, 2013
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing.
Criminal Law and Procedure Jan. 13, 2013
Babb v. Lozowsky
In case of woman who murdered cab driver, Nevada state court’s incorrect application of federal law is harmless because jury convicted her on different theory of murder.
Criminal Law and Procedure Jan. 13, 2013
People v. McKnight
Sexually violent predator's recommitment under Sexually Violent Predator Act does not violate equal protection because predators pose substantially high risk to society.
Criminal Law and Procedure Jan. 13, 2013
People v. Avila
Prisoner's conviction for threatening public officials is upheld even though his threats were made while he was in custody with no 'stated release date.'
Criminal Law and Procedure Jan. 10, 2013
People v. Mayham
Following removal of continuously disruptive defendant from courtroom, judge is not required to provide audio or video feed to allow him to hear testimony.
Criminal Law and Procedure Jan. 10, 2013
Smith v U.S.
Defendant's convictions for conspiracy to distribute narcotics are upheld because burden to prove affirmative defense of withdrawal from conspiracy was on defendant.
Criminal Law and Procedure Jan. 9, 2013
U.S. v. Olsen
Prosecution does not need to tell defense about incompetence of forensic scientist when evidence showed defendant intended to use poison found by scientist.
Criminal Law and Procedure Jan. 8, 2013
Cunningham v. Wong
District attorney does not commit misconduct by declining to hand over deceased victim’s autopsy report, which was attainable by defense.
Criminal Law and Procedure Jan. 8, 2013
U.S. v. Juan
Even if prosecution's statements to district judge wrongly threatened its own witness, defendant fails to show misconduct because witness did not hear statements.
Criminal Law and Procedure Jan. 7, 2013
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency.
Criminal Law and Procedure Jan. 7, 2013
Henderson v. Johnson
Inmate’s federal habeas petition over murder conviction is improperly dismissed where inmate was not given leave to amend petition or request stay.
Criminal Law and Procedure Jan. 3, 2013