For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
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...
Daily appellate reports
Enewsletter Sign-up
    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. Ramirez
Under Penal Code Section 1170.95 if there is a prior finding that the petitioner was not a major participant in the felony, the court is required to vacate the conviction. 		Criminal Law and Procedure 2DCA/2 Nov. 8, 2019
People v. Stringer
Jury instruction for aggravated kidnapping to commit extortion or exact money or property from another person contained prejudicial legal error permitting jury to find defendant guilty of charged offenses on legally invalid basis. 		Criminal Law and Procedure 4DCA/1 Nov. 8, 2019
People v. Superior Court (Couthren)
No implied exception to the hearsay rule exists with respect to expert evaluation reports at sexually violent predator probable cause hearings in light of 'People v. Sanchez.' 		Criminal Law and Procedure 1DCA/1 Nov. 8, 2019
People v. Aguilar
Under California Penal Code Section 289, 'force' includes circumstances where the victim did not want to engage in the act and did not positively cooperate with it. 		Criminal Law and Procedure 2DCA/8 Nov. 8, 2019
People v. Patton
Given the nature of defendant's offense, there was a relationship between theft of electronic devices and the imposition of an electronic device search condition. 		Criminal Law and Procedure 4DCA/1 Nov. 7, 2019
People v. Hampton
Trial court's dismissal of criminal complaint is a final judgment divesting it of further jurisdiction; thus, it may not later vacate its dismissal in order to reactivate complaint. 		Criminal Law and Procedure 3DCA Nov. 5, 2019
U.S. v. Norris
No Fourth Amendment search occurred when FBI used wireless-tracking software to detect signal strength of address of defendant's device because wireless signal reached outside defendant's residence to connect to neighbor's wireless router. 		Criminal Law and Procedure 9th Nov. 5, 2019
U.S. v. Dailey
Defendant's Travel Act conviction was a sex offense requiring registration under the Sex Offender Registration and Notification Act (SORNA) in light of SORNA's residual clause and admissions in defendant's plea agreement. 		Criminal Law and Procedure 9th Nov. 5, 2019
People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. 		Criminal Law and Procedure 4DCA/2 Nov. 4, 2019
U.S. v. Garcia-Morales
Defendant was not silent in response to agent's questioning on topic of co-conspirators because the exchange merely demonstrated that defendant did not want to discuss his co-conspirators on video tape. 		Criminal Law and Procedure 9th Nov. 1, 2019
People v. Khan
Penal Code Section 1001.36, which provides a scheme for pretrial diversion for mental health treatment of defendants, did not apply retroactively to defendant who is currently serving his sentence. 		Criminal Law and Procedure 6DCA Oct. 30, 2019
People v. The North River Insurance Co.
A fugitive defendant's undocumented immigration status and pending United States visa application approval do not establish a temporary disability under California Penal Code Section 1305(e). 		Criminal Law and Procedure 6DCA Oct. 30, 2019
People v. Lucero
A declaration may constitute a 'paper' or any 'other matter or thing' for Penal Code Section 134 purposes, and Section 134 was not precluded by Section 118, the perjury statute. 		Criminal Law and Procedure 3DCA Oct. 29, 2019
Modification: People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct. 		Criminal Law and Procedure CASC Oct. 25, 2019
People v. Allen
Denying mandatory expungement on the basis of an indigent defendant's outstanding victim restitution obligation does not violate due process or equal protection. 		Criminal Law and Procedure 4DCA/1 Oct. 24, 2019
People v. Kingston
Trial court did not violate defendant's due process rights by imposing fines without ascertaining ability to pay, since the fines neither interfered with defendant's access to courts nor resulted in her incarceration. 		Criminal Law and Procedure 2DCA/1 Oct. 23, 2019
People v. Sanchez
When an action is dismissed by a magistrate on constitutional grounds, the dismissal cannot be reinstated under California Penal Code Section 871.5. 		Criminal Law and Procedure 1DCA/3 Oct. 23, 2019
Ruiz-Martinez v. Super. Ct.
Improper dismissal of grand jurors in violation of Penal Code Section 939.5 did not violate the separation of powers doctrine or violate petitioner's due process rights. 		Criminal Law and Procedure 6DCA Oct. 22, 2019
Modification: People v. Vital
CALCRIM No. 1128 was improper and prejudicial because it did not reflect the minimum age requirement for Penal Code Section 288.7(b) conviction as applying only to the direct perpetrator. 		Criminal Law and Procedure 2DCA/3 Oct. 21, 2019
People v. McCann
There was reasonable cause to believe defendant forcibly penetrated victim against his will when defendant admitted whacking victim, and victim ended up with a broken nose and injuries to rectum. 		Criminal Law and Procedure 1DCA/2 Oct. 18, 2019
People v. Wehr
Under Proposition 47, the crime of receiving a stolen car valued at no more than $950 under California Penal Code Section 496 must be treated as a misdemeanor. 		Criminal Law and Procedure 4DCA/2 Oct. 17, 2019
People v. Meneses
In sexual assault cases involving minors, jurors may consider charged sex offenses as evidence of a defendant's propensity to commit similar offenses; thus, jury instruction under CALCRIM No.1191B was proper. 		Criminal Law and Procedure 4DCA/3 Oct. 15, 2019
Floyd v. Filson
Petitioner's constitutional rights were not violated by admission of victim's mother's testimony about her son's difficult life and previous experiences with violent crime because testimony did not unduly prejudice petitioner. 		Criminal Law and Procedure 9th Oct. 14, 2019
People v. Winn
Admission of photograph of victim while alive did not prejudice defendant, nor did trial court's failure to question defendant's counsel after defendant alleged counsel did not consult with him regarding potentially testifying. 		Criminal Law and Procedure 6DCA Oct. 11, 2019
Modification: People v. Mejia
True finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated. 		Criminal Law and Procedure 4DCA/3 Oct. 10, 2019
U.S. v. Valle
Government could not establish non-citizen's continuous presence in United States since alleged time of reentry without submitting any direct evidence of where non-citizen was for over a decade. 		Criminal Law and Procedure 9th Oct. 10, 2019
In re O.C.
Welfare and Institutions Code Section 781, not Section 786, applied to sealing petition, and the trial court properly denied the petition due to petitioner's felony convictions. 		Criminal Law and Procedure 4DCA/2 Oct. 10, 2019
People v. Merchant
Under the forfeiture-by-wrongdoing exception, a defendant's Sixth Amendment right to confront an adverse witness is not violated if the defendant coerced a witness or victim from testifying at trial. 		Criminal Law and Procedure 4DCA/1 Oct. 10, 2019
Modification: People v. Mejia
True finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated. 		Criminal Law and Procedure 4DCA/3 Oct. 10, 2019
Barajas v. Appellate Division
Application of exclusionary rule at a probable cause hearing under Penal Code Section 991 was not required; Section 1538.5 is the Legislature's codification of the exclusionary rule. 		Criminal Law and Procedure 2DCA/1 Oct. 8, 2019
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.