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. Johnson
First degree murder conviction reversed due to jury instruction error in regards to alternate theories of crime
Criminal Law and Procedure Jul. 1, 2015
People v. DeHoyos
Proposition 47 is not retroactive; defendant is not entitled to automatic resentencing simply because her case was not final when the proposition became effective.
Criminal Law and Procedure Jul. 1, 2015
U.S. v. Garcia-Gonzalez
Petitioner fails to overturn indictment based on prior removal order because, even if due process violation existed, he failed to demonstrate prejudice.
Criminal Law and Procedure Jul. 1, 2015
People v. Santos
Marsy's Law cannot be construed to apply to commutations granted as a matter of executive clemency.
Criminal Law and Procedure Jul. 1, 2015
People v. Vukodinovich
Right to privacy claim in sex crimes case rejected as victim is unable to consent legally due to mental incapacity.
Criminal Law and Procedure Jun. 30, 2015
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654.
Criminal Law and Procedure Jun. 30, 2015
People v. Awad
Appellate court can grant limited remand to trial court to consider resentencing under Proposition 47.
Criminal Law and Procedure Jun. 30, 2015
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution.
Criminal Law and Procedure Jun. 29, 2015
Glossip v. Gross
Death row inmates fail to successfully challenge Oklahoma's use of controversial drug midazolam in three-drug lethal injection protocol.
Criminal Law and Procedure Jun. 29, 2015
In re Benvin
Where court errs by inserting itself in plea negotiations, petitioner is entitled to mandamus relief and reassignment to a different judge.
Criminal Law and Procedure Jun. 29, 2015
People v. Leon
Death penalty must be reversed because court erred in excusing jurors without inquiring into whether they could set aside their death penalty biases.
Criminal Law and Procedure Jun. 29, 2015
People v. Lopez
Appellate court declines to decide threshold matter of whether repeat drug offender is eligible for resentencing relief under Proposition 47.
Criminal Law and Procedure Jun. 29, 2015
People v. Contreras
Probation condition prohibiting probationer from using, possessing, or otherwise accessing 'surveillance equipment' was unconstitutionally vague and overbroad.
Criminal Law and Procedure Jun. 28, 2015
People v. Morales
Defendant subject to one year of parole under Prop. 47, because he was serving term of post-release community supervision as part of his felony sentence when he filed his petition.
Criminal Law and Procedure Jun. 28, 2015
U.S. v. Jefferson
United States v. Carranza directs court to uphold minimum sentence for controlled substance importation despite appellant's maintained ignorance.
Criminal Law and Procedure Jun. 28, 2015
People v. Newman
Robber who detained family via menace is appropriate convicted of felony false imprisonment, though jury's verdict form listed his conviction as false imprisonment by 'violence.'
Criminal Law and Procedure Jun. 28, 2015
People ex rel. Green v. Grewal
Internet café 'sweepstakes' that allowed participants to play gambling-themed games for money, met statutory definition of 'slot machine' and constitute illegal gambling.
Criminal Law and Procedure Jun. 25, 2015
People v. McDonald
Felony murder conviction overturned because jury instruction allowed for guilty verdict where defendant developed intent to aid and abet after commission of death-causing acts.
Criminal Law and Procedure Jun. 25, 2015
U.S. v. Rodriguez
'Knucklehead' who foolishly aimed laser beam at helicopter dodges lengthy imprisonment because he lacked requisite mens rea to support one of two convictions.
Criminal Law and Procedure Jun. 24, 2015
People v. Rojas
Molestation count reversed as jury instruction error results in ex post facto conviction.
Criminal Law and Procedure Jun. 23, 2015
People v. Sokau
Appellant's failure to raise objection to interpreter during trial results in forfeiture on appeal.
Criminal Law and Procedure Jun. 23, 2015
Kingsley v. Hendrickson et al
Objective reasonableness standard - rather than subjective standard - appropriate when analyzing excessive force claims brought by pretrial detainees.
Criminal Law and Procedure Jun. 22, 2015
In re Welch
Petitioner not entitled to habeas relief because he has not demonstrated prejudice for failure to provide evidence of child abuse.
Criminal Law and Procedure Jun. 22, 2015
People v. Saez
Sentencing court improperly relied on record of conviction to make disputed determination that defendant's prior Wisconsin conviction qualified as 'strike' to increase sentence.
Criminal Law and Procedure Jun. 21, 2015
Mitchell v. United States
Claim of ineffective assistance of counsel fails where counsel adequately investigated and made reasonable strategic decisions regarding intoxication defense and mitigation evidence.
Criminal Law and Procedure Jun. 21, 2015
Brumfield v. Cain
Death row inmate claiming mental disability is entitled to have his <EM>Atkins</EM> claim heard on the merits.
Criminal Law and Procedure Jun. 18, 2015
Davis v. Ayala
Any federal constitutional error from defense counsel's exclusion from 'Batson' proceedings is harmless because defendant failed to show he suffered 'actual prejudice.'
Criminal Law and Procedure Jun. 18, 2015
McFadden v. United States
Knowledge requirement from Controlled Substances Act must be applied in prosecution of purveyor of a controlled substance analogue.
Criminal Law and Procedure Jun. 18, 2015
U.S. v. Lizarraga-Tirado
Google Earth satellite image and machine-generated digital 'tack' labeled with GPS coordinates make no assertion and are, thus, not hearsay.
Criminal Law and Procedure Jun. 18, 2015
Seeboth v. Allenby
California's differential treatment of sexually violent predators from other civilly committed persons with respect to recommitment trials does not violate equal protection.
Criminal Law and Procedure Jun. 18, 2015