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
Amancio v. Forster
Mere initial classification of offense as felony, doesn't mandate jury trial upon redesignation of offense as misdemeanor.
Criminal Law and Procedure Apr. 5, 1999
State v. Cohen
Reliance by victim must be shown for fraudulent schemes and artifices conviction.
Criminal Law and Procedure Apr. 5, 1999
People v. Braz
No enhancement for hit and run causing permanent, serious injury unless injury caused by failure to stop and render aid.
Criminal Law and Procedure Apr. 5, 1999
Fierro v. Gomez
Death row inmates who haven't chosen lethal gas as method of execution can't challenge its constitutionality.
Criminal Law and Procedure Apr. 5, 1999
U.S. v. Medina-Chavarin
Defendant with gun under seat of car during drug trafficking crime 'carries' gun for purposes of federal statute.
Criminal Law and Procedure Apr. 5, 1999
U.S. v. Reed
Use of special verdict form requiring jury to determine occurrence of acts, each of which constituted crime, is proper.
Criminal Law and Procedure Apr. 5, 1999
People v. Guiuan
Juries should be instructed that only accomplice testimony incriminating to defendants should be viewed with caution.
Criminal Law and Procedure Apr. 5, 1999
People v. Woods
Burglary of common laundry area in inhabited apartment complex supports first degree burglary conviction.
Criminal Law and Procedure Apr. 5, 1999
U.S. v. Ellis
Admission of prejudicial evidence concerning intent requires reversal where intent isn't an element of crime.
Criminal Law and Procedure Apr. 5, 1999
People v. Clayton
Entry by defendant given key by husband for purpose of attacking and killing wife constitutes burglary.
Criminal Law and Procedure Apr. 5, 1999
People v. Buchholz
Failure to instruct on element of crime isn't harmless where jury didn't actually consider relevant facts.
Criminal Law and Procedure Apr. 4, 1999
U.S. v. Montgomery
Factual distinctions between alleged criminal enterprises allow charging of separate conspiracies without violating double jeopardy clause.
Criminal Law and Procedure Apr. 4, 1999
U.S. v. Montgomery
Factual distinctions between alleged criminal enterprises allow charging of separate conspiracies without violating double jeopardy clause.
Criminal Law and Procedure Apr. 4, 1999
People v. Deloza
Courts retain discretion to impose concurrent sentences for crimes having close temporal and spatial proximity.
Criminal Law and Procedure Apr. 4, 1999
People v. Ochoa
Sympathy for defendant's family isn't an independent mitigating factor in penalty phase of capital trial.
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Starr
Order
Criminal Law and Procedure Apr. 2, 1999
Walker v. Saffle
Order
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Alvarez
Order
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Dorman
Order
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Zarate
Order
Criminal Law and Procedure Apr. 2, 1999
People v. Matz
'Use' immunity doesn't compel defendant to self-incriminate as to collateral uncharged crimes.
Criminal Law and Procedure Apr. 2, 1999
People v. Griffini
False declaration is perjury only if delivered with intent it be uttered or published as true.
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Clark
Unauthorized practice of law on military installation is a federal crime under Assimilative Crimes Act.
Criminal Law and Procedure Apr. 2, 1999
People v. Pate
Parolee at large has no reasonable expectation of privacy in motor vehicle.
Criminal Law and Procedure Apr. 2, 1999
Thompson v. Calderon
Evidence proffered doesn't support request for permission to file successive habeas petition in capital case.
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Garcia
Weight of sterilized marijuana seeds is counted for purpose of determining base offense level.
Criminal Law and Procedure Apr. 2, 1999
People v. Woods
Burglary of common laundry area in inhabited apartment complex supports first degree burglary conviction.
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Gonzalez-Mendez
Aggravated felony conviction in United States more than 15 years before illegal re-entry justifies sentence enhancement.
Criminal Law and Procedure Apr. 2, 1999
U.S. v. Oplinger
Privilege against self-incrimination doesn't apply to pre-arrest conversation with private individual.
Criminal Law and Procedure Apr. 2, 1999
People v. Taylor
Defense counsels acceptance of additional peremptory challenges waives objection to erroneous denials of earlier challenges.
Criminal Law and Procedure Apr. 2, 1999