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. Walsh
Territorial jurisdiction exists for crimes committed within 500 yards of prosecuting county.
Criminal Law and Procedure Sep. 24, 2001
State v. Demery
Videotaped interview during which police accuse defendant of lying is not impermissible opinion testimony.
Criminal Law and Procedure Sep. 24, 2001
State v. Goodman
Domestic abuse may be considered aggravating factor when sentencing for arson conviction.
Criminal Law and Procedure Sep. 23, 2001
City of Seattle v. Patu
Where defendant himself invited instructional error by proposing constitutionally deficient jury instruction, court cannot grant relief.
Criminal Law and Procedure Sep. 23, 2001
People v. Cervantes
Provocative act doctrine only requires the murder to be the proximate cause of death and natural and probable consequence of defendant's actions.
Criminal Law and Procedure Sep. 20, 2001
State v. Hoggatt
Defendant's cohabitant's voluntary consent justified officer's warrantless entry into living room.
Criminal Law and Procedure Sep. 20, 2001
State v. Neal
Laboratory drug report that fails to identify person from whom substance was received cannot be admitted as evidence.
Criminal Law and Procedure Sep. 20, 2001
State v. Lansden
Search warrant issued to code inspector invalid for purpose of searching for evidence of crime.
Criminal Law and Procedure Sep. 20, 2001
State v. Tili
Court properly imposed special sentence against defendant guilty of multiple penetrations during rape instead of sentence of three separate counts of rape.
Criminal Law and Procedure Sep. 20, 2001
Personal Restraint Petition of Vazquez
Second personal restraint petition must be introduced on different grounds than original petition and must be brought for good cause.
Criminal Law and Procedure Sep. 20, 2001
State v. Cho
Defendant may be entitled to new trial based on juror misconduct when juror failed to disclose material fact during voir dire.
Criminal Law and Procedure Sep. 20, 2001
People v. Williams
Use of former assault jury instruction is reversible error due to incorrect requirement for mental state element.
Criminal Law and Procedure Sep. 19, 2001
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Sep. 19, 2001
U.S. v. Antonakeas
Defendant who fled country prior to sentencing has no grounds to challenge extradition.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Pirello
Two level sentence enhancement was warranted against defendant who used mass-marketing on Internet to commit wire fraud.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Hayden
Criminal defendant whose sentence reflects prior convictions is not entitled to recalculation of sentence after prior convictions are set aside.
Criminal Law and Procedure Sep. 18, 2001
Kulas v. Flores
Among other things, court did not improperly remove pro se plaintiff from courtroom because of disruptive behavior.
Criminal Law and Procedure Sep. 18, 2001
Allen v. Lewis
Prison transfer did not make it impossible for prisoner to file habeas petition during deadline.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Enas
Double jeopardy clause isn't breached by successive tribal and federal prosecution of nonmember Indian.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Rousseau
Felon's convictions for possession of firearms are affirmed because police properly seized them during his arrests.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. James
Denial of discovery on issue of selective prosecution of black crack cocaine dealers was proper because evidence did not show discriminatory effect.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Abonce-Barrera
Translated version of undercover tape recordings are admissible because defendant had opportunity to review tapes.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Ruiz
'Fair and just' standard applies to any motion for plea withdrawal that is made prior to defendant's sentencing.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Carrasco
Violation of speedy trial act did not occur when charge included in original indictment was reasserted in superseding indictment.
Criminal Law and Procedure Sep. 17, 2001
United States v. Trapp
Government did not breach plea agreement when it refused to recommend home detention after defendant was found ineligible.
Criminal Law and Procedure Sep. 17, 2001
In re Roe
Court erred by releasing defendant convicted of first-degree murder on bail pending resolution of his habeas corpus petition.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Hill
Indictment charging defendant with being accessory after the fact is insufficient as matter of law because it fails to plead underlying offense.
Criminal Law and Procedure Sep. 17, 2001
People v. Williams
Opinion
Criminal Law and Procedure Sep. 13, 2001
People v. Seaton
Death sentence is affirmed because defendant's contentions on appeal lacked merit or no harm was suffered from error.
Criminal Law and Procedure Sep. 12, 2001
People v. Superior Court (Gevorgyan)
Proposition 21 requires that juveniles be prosecuted by information following preliminary hearing, not by grand jury indictment.
Criminal Law and Procedure Sep. 12, 2001