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
U.S. v. Wetchie
Sexual contact with sleeping minor qualifies defendant for sentence enhancement under 'vulnerable victim' adjustment.
Criminal Law and Procedure Jun. 1, 2000
U.S. v. Ross
Intent to repay is not defense to misappropriation of postal funds.
Criminal Law and Procedure Jun. 1, 2000
U.S. v. Stephens
Police sweep of bus for illegal drugs constitutes 'seizure' where passengers aren't told they can remain on bus and decline being questioned.
Criminal Law and Procedure Jun. 1, 2000
U.S. v. Hardeman
Clock begins to run for speedy trial purposes when no continuance has been granted and no pretrial motions are pending.
Criminal Law and Procedure Jun. 1, 2000
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists.
Criminal Law and Procedure Jun. 1, 2000
People v. Green
California's Sexually Violent Predator Act is constitutional and does not offend equal protection principles.
Criminal Law and Procedure Jun. 1, 2000
People v. Spence
Good faith exception to exclusionary rule doesn't permit admission of evidence seized beyond conditions of probation search.
Criminal Law and Procedure Jun. 1, 2000
U.S. v. Montero-Camargo
Vehicle's immediate U-turn at border patrol station is factor in determining reasonable suspicion to stop vehicle.
Criminal Law and Procedure Jun. 1, 2000
Washington v. Cambra
Where appellant raises constitutional claims the Dixon rule does not provide an independent state-law basis for precluding federal habeas review.
Criminal Law and Procedure Jun. 1, 2000
People v. Superior Court (Paez)
Defendant is entitled to discovery when he presents some evidence in support of his discriminatory prosecution claim.
Criminal Law and Procedure Jun. 1, 2000
People v. Williams
Jury may infer guilt from false or misleading statements made to police without Miranda warnings.
Criminal Law and Procedure Jun. 1, 2000
People v. Thompson
Court isn't required to instruct jury that 'unlawful killing' is killing without excuse or justification when neither defense is presented at trial.
Criminal Law and Procedure Jun. 1, 2000
In re Castro
Court must appoint director of regional center for developmentally disabled to evaluate defendant's competency before proceeding to trial.
Criminal Law and Procedure Jun. 1, 2000
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial.
Criminal Law and Procedure Jun. 1, 2000
People v. Palamore
Instruction on special allegation of sex offense doesn't have to inform jury that commercial establishment be closed to public when burglary committed.
Criminal Law and Procedure Jun. 1, 2000
People v. Tokash
Sentence enhancement is supported by sufficient evidence that defendant inflicted great bodily injury causing victim to become comatose.
Criminal Law and Procedure Jun. 1, 2000
People v. Bemore
Counsel forgoing questioning of prospective jurors reduces risk that prosecution has reason to use preemptory challenge or challenge for cause.
Criminal Law and Procedure Jun. 1, 2000
People v. Crowder
Where felony and misdemeanor charges are adjudicated separately, defendant may not be sentenced based on same information.
Criminal Law and Procedure Jun. 1, 2000
People v. Waples
Prior acts of molestation may be admitted as propensity evidence and to show common scheme or plan.
Criminal Law and Procedure Jun. 1, 2000
People v. Fradiue
Inmate is not entitled to Miranda warning before interrogation where no restraints are placed upon him beyond those associated with his inmate status.
Criminal Law and Procedure Jun. 1, 2000
Medina v. Superior Court (People)
Ten-day grace period of Penal Code Section 1382 begins to run from actual date set for trial.
Criminal Law and Procedure Jun. 1, 2000
People v. Jimenez
Multiple counts of forcible sodomy with person under 14 years old requires consecutive sentencing under Penal Code.
Criminal Law and Procedure Jun. 1, 2000
James G. v. Superior Court (People)
Superior court has standing to defend validity of its order and may be represented by county counsel in proceeding.
Criminal Law and Procedure Jun. 1, 2000
People v. Paz
Reasonable, good faith mistake about victim's age is not defense to charge of lewd acts upon 14-year-old.
Criminal Law and Procedure Jun. 1, 2000
People v. Rodriguez
Judgment may be corrected on appeal to reflect mandatory parole revocation fine even though state fails to timely object to court's ommission.
Criminal Law and Procedure Jun. 1, 2000
In re Rosenkrantz
Evidence is insufficient to support prison board's finding that defendant is unsuitable for parole.
Criminal Law and Procedure Jun. 1, 2000
People v. Saephanh
Liability for solicitation of murder may not attach where evidence demonstrates that intended recipient never received solicitation.
Criminal Law and Procedure Jun. 1, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise.
Criminal Law and Procedure Jun. 1, 2000
People v. Choi
Motion to recuse district attorney requires evidence demonstrating conflict of interest rendering it unlikely that defendant will receive fair trial.
Criminal Law and Procedure Jun. 1, 2000
Griego v. Superior Court (People)
In civil proceeding, prosecution is bound by promise of transactional immunity and cannot pursue uncharged criminal acts against deponent.
Criminal Law and Procedure Jun. 1, 2000