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
State of Arizona v. Sansing
Among other things, defendant's challenge to sentencing court's finding of aggravating and mitigating factors is without merit.
Criminal Law and Procedure Jul. 10, 2001
Van Buskirk v. Baldwin
Statute establishes due diligence predicate to actual innocence claims, thus, procedural default that could've been discovered through due diligence cannot be excused.
Criminal Law and Procedure Jul. 9, 2001
Tyler v. Cain
Law passed after prisoner's conviction does not justify second habeas petition because Supreme Court did not hold that law was retroactive.
Criminal Law and Procedure Jul. 9, 2001
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad.
Criminal Law and Procedure Jul. 9, 2001
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge.
Criminal Law and Procedure Jul. 9, 2001
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution.
Criminal Law and Procedure Jul. 9, 2001
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic.
Criminal Law and Procedure Jul. 9, 2001
Garden Grove Police Dept. v. Superior Court (Reimann)
Court abuses discretion in ordering disclosure of police officers' birth dates to district attorney without requiring defendant to file 'Pitchess' motion.
Criminal Law and Procedure Jul. 9, 2001
People v. Eccleston
Admitting hearsay testimony of molested child under age 12 does not violate defendant's constitutional right to confront witnesses.
Criminal Law and Procedure Jul. 9, 2001
People v. Stevens
Sentencing court has authority to compel defendant to report to parole office upon release from prison.
Criminal Law and Procedure Jul. 9, 2001
People v. Salazar-Merino (Salazar-Merino)
Penal Code Section 114, which provides that person using false documents to conceal true citizenship shall be punished by imprisonment, is constitutional.
Criminal Law and Procedure Jul. 9, 2001
Cooley v. Superior Court (Edwards)
Probable cause hearing required for petition to recommit individual as sexually violent predator.
Criminal Law and Procedure Jul. 9, 2001
People v. Cuevas
Three strikes sentence of 85 years to life was not excessive where defendant committed violent crimes and had serious criminal history.
Criminal Law and Procedure Jul. 9, 2001
State v. Pope
Defendant can be convicted of felony bail jumping for failure to appear at probation hearing.
Criminal Law and Procedure Jul. 6, 2001
U.S. v. Garcia
Under Antiterrorism and Effective Death Penalty Act, federal conviction becomes final 90 days after time for filing certiorari petition expires.
Criminal Law and Procedure Jul. 4, 2001
People v. Shipley
Defendant convicted under special offender statute is ineligible for probation or community service.
Criminal Law and Procedure Jul. 3, 2001
People v. Vang
Gang members who sprayed bullets into occupied apartment during drive-by shooting did have deliberate intent to murder everyone inside structure.
Criminal Law and Procedure Jul. 3, 2001
People v. Carrillo
Court correctly determines it does not have discretion to conditionally dismiss strike allegations pursuant to Penal Code Section 1385.
Criminal Law and Procedure Jul. 3, 2001
People v. Sandoval
Prosecutor must make reasonable effort to obtain trial appearance of crucial witness who resides in Mexico.
Criminal Law and Procedure Jul. 3, 2001
People v. Murphy
Court should apply Three Strikes Law and habitual sexual offender statute in sentencing defendant who meets criteria of both.
Criminal Law and Procedure Jul. 3, 2001
State v. Barker
Oregon police officer did not have authority of law to arrest intoxicated driver in Washington.
Criminal Law and Procedure Jul. 2, 2001
State v. Vreen
Erroneous denial of peremptory challenge is not harmless when objectionable juror actually deliberates on jury that convicted defendant.
Criminal Law and Procedure Jul. 2, 2001
People v. Howze
Because of defendant's disruptive behavior and refusal to appear in court, court didn't err in commencing trial in defendant's absence.
Criminal Law and Procedure Jul. 2, 2001
State v. Marsh
Statute disqualifying non-English speaking potential jurors complies with public policy and is constitutional.
Criminal Law and Procedure Jul. 2, 2001
State v. Walls
As required by escape statute, defendant was detained pursuant to felony conviction when causal relationship between warrant and prior felony convictions exists.
Criminal Law and Procedure Jul. 2, 2001
State v. Leffingwell
Washington courts have jurisdiction if essential element of offense is committed in state.
Criminal Law and Procedure Jul. 2, 2001
People v. Epps
Denial of jury trial for defendant's prior offenses does not require reversal of latest conviction.
Criminal Law and Procedure Jul. 2, 2001
People v. Morales
No prosecutorial misconduct in closing statement that asserted drug use implies drug possession where defendant did not dispute possession.
Criminal Law and Procedure Jul. 2, 2001
People v. Atkins
Evidence of voluntary intoxication does not negate requisite intent required to prove mental state for arson.
Criminal Law and Procedure Jul. 2, 2001
People v. J.M.
Trial court not authorized to sentence parent of juvenile delinquent to jail.
Criminal Law and Procedure Jul. 2, 2001