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 v. McCann
Rebuttable presumption of regularity attaches to prior convictions used to enhance sentence or as element of crime.
Criminal Law and Procedure May 1, 2001
U.S. v. Cortez
Order
Criminal Law and Procedure May 1, 2001
State v. Rodriguez
Case remanded when record does not support court's imposition of prison sentence instead of suspended sentence and probation as provided by statute.
Criminal Law and Procedure May 1, 2001
State v. Paleo
Waiver of preemptory strikes during jury selection is insufficient alone to establish prima facie case of discrimination.
Criminal Law and Procedure May 1, 2001
State v. Fiser
Ban on viewing pornographic material and consuming alcohol is proper condition of sex offender's community placement.
Criminal Law and Procedure May 1, 2001
State v. Wimbish
Defendant cannot compel attendance of out-of-state witnesses where he is unable to show that witnesses' testimony is material to his defense.
Criminal Law and Procedure May 1, 2001
State v. Flowers
Whether state can establish corpus delicti for attempt to elude without proving identity of perpetrator depends on facts of case.
Criminal Law and Procedure May 1, 2001
State v. Henderson
Plea agreement only binds prosecutor and accused; trial court isn't bound to agreement's recommendations.
Criminal Law and Procedure May 1, 2001
People v. Jones
For sentencing purposes, sex offenses occurred on single occasion if they were committed in close temporal and spatial proximity.
Criminal Law and Procedure May 1, 2001
Texas v. Cobb
Sixth Amendment right to counsel attaches at first indictment and to subsequent investigation where two offenses are factually interwoven.
Criminal Law and Procedure May 1, 2001
U.S. v. Daniels
In the context of sentence enhancement, validity of prior convictions may only be collaterally challenged if deprivation of counsel alleged.
Criminal Law and Procedure May 1, 2001
State v. Demery
Audiotaped interview of defendant is admissible only if interviewing officer's statements are redacted from tape.
Criminal Law and Procedure May 1, 2001
State v. Noel
Although court doesn't have authority to vacate misdemeanor convictions, it can prevent disclosure of conviction by sealing criminal records.
Criminal Law and Procedure May 1, 2001
State v. Huffmeyer
Time spent in proceedings on separate charge is included in speedy trial calculation when state fails to diligently bring accused to court.
Criminal Law and Procedure May 1, 2001
Ross v. State
Court cannot exclude evidence that less restrictive alternative to commitment would reduce accused's likeliness of reoffending when it is crucial evidence to valid defense.
Criminal Law and Procedure May 1, 2001
State v. Warfield
Accuseds' erroneous belief that they have authority to arrest individual does not transform conduct into crime of unlawful imprisonment.
Criminal Law and Procedure May 1, 2001
Washington v. Chapple
Courtroom Trial court does not abuse its discretion by excluding accused from courtroom for disruptive behavior.
Criminal Law and Procedure May 1, 2001
State v. Avery
Motorist who was not under suspicion for driving under the influence is not entitled to warning prior to blood test.
Criminal Law and Procedure May 1, 2001
State v. Russell
Evidence of convictions more than 10 years ago must be more probative than prejudicial to be considered in non-persistent offender sentencing.
Criminal Law and Procedure May 1, 2001
State v. Side
Comments made by defendant during anger management counseling that threatened judge are punishable as crime.
Criminal Law and Procedure Apr. 30, 2001
State v. Chandler
In juvenile cases, adjudicatory hearings must be held within 60 days of arraignment or the charges shall be dismissed with prejudice.
Criminal Law and Procedure Apr. 30, 2001
In re Brown
Conviction and death sentence affirmed where petitioner did not show ineffective assistance of counsel, new evidence or constitutional violations.
Criminal Law and Procedure Apr. 30, 2001
State v. Haberman
Reference to older law in jury instructions and charging documents resulted in jury convicting defendant of conduct that is no longer illegal.
Criminal Law and Procedure Apr. 30, 2001
People v. Gonzalez
Drunk driver isn't entitled to jury instruction stating not guilty if reckless driving caused by fear.
Criminal Law and Procedure Apr. 30, 2001
People v. Murphy
Court's failure to impose five-year enhancement on defendant with prior serious felony conviction is error.
Criminal Law and Procedure Apr. 30, 2001
People v. McCoy
Trial court's failure to impose additional restitution fine may be raised for first time on appeal.
Criminal Law and Procedure Apr. 30, 2001
State v. Moline
Accused may withdraw guilty plea where only substantive legal advice he received was inaccurate advice from attorney's legal assistant.
Criminal Law and Procedure Apr. 30, 2001
State v. Schmidt
A 1994 amendment punishing 1997 criminal conduct does not violate ex post facto clause even though 1997 conviction is predicated on 1988 conduct.
Criminal Law and Procedure Apr. 30, 2001
State v. Hahn
Restitution order must establish causal connection between victims' expenses and crime committed.
Criminal Law and Procedure Apr. 30, 2001
State v. Matthews
Telephone conversation is not illegally recorded by Tacoma police merely because accused calls from area outside Tacoma's jurisdiction.
Criminal Law and Procedure Apr. 30, 2001