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
Rudin v. Myles
Nevada woman convicted of murdering her husband is not entitled to tolling of limitations period to excuse six-year delay in applying for habeas corpus.
Criminal Law and Procedure Sep. 10, 2014
People v. Christensen
Child victim may be found ‘unavailable’ as witness based on expert testimony that it would be relatively impossible to testify without suffering substantial trauma.
Criminal Law and Procedure Sep. 10, 2014
People v. Alvarez
Robbery charges are properly dismissed based on failure of police and prosecution to preserve potentially useful evidence from police cameras near crime scene.
Criminal Law and Procedure Sep. 10, 2014
Castellanos v. Small
Habeas petitioner is entitled to relief due to prosecutor’s use of strikes to mainly exclude Hispanic potential jurors, as well as pretextual explanation.
Criminal Law and Procedure Sep. 9, 2014
U.S. v. Rodriguez
District court properly excludes evidence of prison’s medical negligence at trial of men, who fatally stabbed another inmate, because such negligence was foreseeable.
Criminal Law and Procedure Sep. 8, 2014
People v. Doolittle
Statute of limitations possibly bars certain fraud charges against businessman because victim was placed on notice after he stopped receiving payments on his investment.
Criminal Law and Procedure Sep. 8, 2014
People v. Youn
Driver’s warrantless blood draw does not justify exclusion of evidence showing presence of drugs because officer acted reasonably under prevailing case law.
Criminal Law and Procedure Sep. 7, 2014
U.S. v. Reyes
District court's improper exclusion of criminal defendant from a side bar exchange regarding a prospective juror does not warrant reversal of conviction.
Criminal Law and Procedure Sep. 4, 2014
U.S. v. Tomsha-Miguel
Tax services provider impersonates U.S. officer or employee by preparing fake letter with congressman’s formal letterhead and signing it in fictional aide’s name.
Criminal Law and Procedure Sep. 4, 2014
U.S. v. Hardrick
District court properly admits uncharged video evidence showing that defendant possessed child pornography to prove he did not download videos accidentally.
Criminal Law and Procedure Sep. 4, 2014
People v. Atkins
Inmate may seek resentencing, despite conviction for making criminal threats, because sole indeterminate life term he was actually serving was for stalking.
Criminal Law and Procedure Sep. 4, 2014
People v. Guilford
Trial court may rely on appellate court’s opinion regarding defendant’s convictions in finding him ineligible for resentencing under Three Strikes Reform Act.
Criminal Law and Procedure Sep. 3, 2014
People v. Macabeo
Despite U.S. Supreme Court holding that warrant is needed to search cell phone incident to arrest, trial court properly allows evidence due to officers’ good faith.
Criminal Law and Procedure Sep. 3, 2014
People v. Garcia
Prosecutor violates due process by raising defendant’s sexual orientation in closing arguments to suggest motive for sexually abusing child of same sex.
Criminal Law and Procedure Sep. 1, 2014
People v. Gray
Sexually Violent Predators Act does not violate equal protection rights of sexually violent predators who are subject to different treatment than mentally disordered offenders.
Criminal Law and Procedure Aug. 28, 2014
People v. Kent
Counsel should continue to identify possible appellate issues, even if ‘arguable-but-unmeritorious,’ to aid appellate courts in ‘Wende’ review.
Criminal Law and Procedure Aug. 28, 2014
People v. Chandler
Defendant commits attempted criminal threat where his threat to kill female neighbors was sufficient to cause them to be in sustained fear.
Criminal Law and Procedure Aug. 28, 2014
U.S. v. Nora
Court must suppress evidence obtained in case where police effectively arrested person inside his home without arrest warrant and absent exigent circumstances.
Criminal Law and Procedure Aug. 28, 2014
U.S. v. Luis
Bank is entitled to restitution based on how much bank paid for fraudulent loan, rather than principal balance due.
Criminal Law and Procedure Aug. 28, 2014
Wharton v. Chappell
Failure to present penalty phase testimony of death penalty petitioner’s brother about sexual abuse may establish prejudice if counsel’s investigation was deficient.
Criminal Law and Procedure Aug. 27, 2014
People v. Lofchie
University of California faculty member may not be criminally prosecuted for participating in decision to hire his wife for summer study abroad course.
Criminal Law and Procedure Aug. 27, 2014
U.S. v. Mendez
Under Washington law, adult’s prior juvenile adjudication for firearm possession constitutes conviction that may serve as basis for federal felon-in-possession charge.
Criminal Law and Procedure Aug. 26, 2014
James v. State
Husband’s misdemeanor battery conviction is ‘misdemeanor crime of domestic violence,’ making him ineligible to possess any firearm under federal Gun Control Act.
Criminal Law and Procedure Aug. 26, 2014
People v. J.S.
Court must hear mentally disordered offender’s timely petition challenging her classification, although initial term of involuntary treatment had already expired.
Criminal Law and Procedure Aug. 26, 2014
People v. Lujano
Police officers unlawfully detain man they suspected was committing burglary, but was actually a resident, where nothing suggested he was involved in a crime.
Criminal Law and Procedure Aug. 26, 2014
People v. Bryant
Capital defendants fail to overturn death sentences by claiming that use of REACT belts, which could electrically shock them, violated their constitutional rights.
Criminal Law and Procedure Aug. 25, 2014
Woods v. Sinclair
Habeas petitioner’s procedural default on claims in death penalty case may be excused due to post-conviction counsel’s ineffective assistance, if substantial.
Criminal Law and Procedure Aug. 25, 2014
U.S. v. Fowlkes
Forcible removal of drugs from defendant's rectum during warrantless body cavity search by officers without medical training violates Fourth Amendment.
Criminal Law and Procedure Aug. 25, 2014
Hernandez v. Spearman
Prisoner’s federal habeas corpus petition is considered filed at moment it was delivered to prison officials, even if another prisoner delivered petition to officials.
Criminal Law and Procedure Aug. 24, 2014
People v. Baniani
Medical marijuana collective operator is entitled to jury instruction on MMPA defense because evidence showed collective was not profit-making enterprise.
Criminal Law and Procedure Aug. 24, 2014