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
U.S. v. McAdory
An offense is a predicate felony for conviction under Section 922(g)(1) if it is punishable by imprisonment for more than a year and the defendant is exposed to such sentences. 		Criminal Law and Procedure 9th Aug. 29, 2019
People v. Sapienza
Defendant failed to appeal imposed judgment which was suspended in order to place him on probation; thus, defendant not entitled to pretrial diversion program because his judgment was final. 		Criminal Law and Procedure 4DCA/2 Aug. 28, 2019
People v. Gonzalez
Under Penal Code Section 667(c) any sentence imposed will be served consecutive to any other sentence if the defendant is 'already serving' for a prior conviction. 		Criminal Law and Procedure 4DCA/1 Aug. 28, 2019
People v. Montellano
Trial court's preliminary eligibility determination, alone, did not entitle defendant to a second-strike sentence, so the ruling did not necessarily impact the People's substantial rights and was not appealable. 		Criminal Law and Procedure 2DCA/5 Aug. 28, 2019
U.S. v. Fitzgerald
Under 'United States v. Johnson,' when determining whether or not a sentencing enhancement applies to a 'wobbler' conviction, the court must observe how the lower court treated the conviction. 		Criminal Law and Procedure 9th Aug. 27, 2019
People v. Fontenot
Although attempted kidnapping is not a lesser included offense of kidnapping, Penal Code Section 1159 also allows the factfinder to find defendant guilty of an attempt of the charged crime. 		Criminal Law and Procedure CASC Aug. 27, 2019
People v. Aledamat
Trial court erroneously permitted jury to consider box cutter an inherently deadly weapon but given the additional jury instruction, the error was harmless. 		Criminal Law and Procedure CASC Aug. 27, 2019
Castillo v. Superior Court
Under Penal Code Section 859b's 60-day rule dismissal is required of a felony complaint when the preliminary hearing is continued for more than 60 days from arraignment. 		Criminal Law and Procedure 1DCA/3 Aug. 23, 2019
People v. Lopez
Senate Bill 1437 allows appellants to petition for relief as to their convictions for second degree murder under the natural and probable consequences doctrine, but their attempted premeditated murder convictions stand. 		Criminal Law and Procedure 2DCA/7 Aug. 23, 2019
People v. Torfason
A mentally disordered offender may not be recommitted based on a different mental disorder than the one he was initially committed for under Mentally Disordered Offender Act Section 2966(c). 		Criminal Law and Procedure 2DCA/6 Aug. 23, 2019
People v. Foster
Proposition 47 does not apply to retroactively invalidate a properly imposed mentally disordered offender commitment or to invalidate subsequent recommitments. 		Criminal Law and Procedure CASC Aug. 23, 2019
People v. Grundfor
Trial court properly ordered defendant to pay full restitution of plaintiff-victim's attorney fees, in part, since a settlement between plaintiff-victim and defendant's insurer only released defendant from further civil liability. 		Criminal Law and Procedure 2DCA/6 Aug. 23, 2019
Williams v. Superior Court
Deputy district attorney improperly exercised judicial branch authority by dismissing grand juror in the presence of other grand jurors, and petitioner's motion to dismiss the indictment should have been granted. 		Criminal Law and Procedure 3DCA Aug. 22, 2019
U.S. v. Green
Sentencing court erred by concluding that it could not first hear defendant's allocution before determining whether reduction for acceptance of responsibility was warranted under Sentencing Guidelines. 		Criminal Law and Procedure 9th Aug. 22, 2019
People v. Rodriguez
Under Penal Code Section 1473.7, a criminal defendant's motion to vacate may not be considered untimely if the statute was enacted later on in his trial proceedings. 		Criminal Law and Procedure 4DCA/2 Aug. 20, 2019
U.S. v. Cuevas-Lopez
A criminal defendant's sentencing for a felony may be aggregated to determine sentencing enhancements if it falls under the 'single sentence rule' in United States Federal Sentencing Guidelines section 4A1.2(a)(2). 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Begay
Second degree murder may be committed recklessly, thus does not qualify as categorical crime of violence. 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Shayota
Even if district court erred in finding witnesses who asserted Fifth Amendment privilege were unavailable for Confrontation Clause purposes, error was harmless due to the strength of the government's case. 		Criminal Law and Procedure 9th Aug. 20, 2019
People v. Santos
Prior to imposing court operations fines and criminal conviction assessments , a trial court must determine whether the criminal defendant is indigent or has the ability to pay the fine. 		Criminal Law and Procedure 6DCA Aug. 19, 2019
People v. Sanchez
Prosecutor did not misstate intent element of charged offense in closing, so defense counsel's failure to object could not constitute deficient performance. 		Criminal Law and Procedure 2DCA/2 Aug. 19, 2019
U.S. v. Crum
Conviction for delivery of methamphetamine under Oregon Revised Statutes Section 475.890 qualified as a U.S.S.G. Section 4B1.2 "controlled substance offense" warranting assignment of a higher base offense level. 		Criminal Law and Procedure 9th Aug. 19, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
In Mentally Disordered Offender proceeding, court will reverse only if it is more probable than not that appellant would have received a better result had he been allowed to represent himself. 		Criminal Law and Procedure 2DCA/6 Aug. 16, 2019
People v. Burns
Record could be read to support all six threshold mental health diversion eligibility requirements; thus, matter remanded to trial court to hold a diversion eligibility hearing. 		Criminal Law and Procedure 4DCA/1 Aug. 16, 2019
People v. Moses
Under Penal Code Section 236.1(c), human trafficking of a minor, the victim must actually be a minor and not an adult assuming the role of a minor. 		Criminal Law and Procedure 4DCA/3 Aug. 16, 2019
In re Ricardo P.
Because there was no indication that defendant used or will use electronic devices in connection with any illegal activity, record was insufficient to justify substantial burdens imposed by electronics search condition. 		Criminal Law and Procedure CASC Aug. 16, 2019
Wolf v. Superior Court
Under California Rules of Court, rule 8.851(a)(1), the appellate division must appoint counsel to a defendant subject to incarceration and who was represented by counsel at the trial level. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. 		Criminal Law and Procedure 9th Aug. 15, 2019
People v. Meza
Defendant did not forfeit statute of limitations challenge to time-barred lesser included offense occurred because defendant's general assent to prosecution's jury instructions did not establish he understood their full consequences. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
People v. Stout
A firearm enhancement must be stricken from a conviction if the firearm was not used in the commission of the underlying charge, under California Penal Code Section 25800. 		Criminal Law and Procedure 3DCA Aug. 14, 2019
People v. Tirado
Penal Code Sections 12022.53(h) and 1385 provide trial courts discretion to strike or dismiss Section 12022.53 enhancements, but not to substitute enhancements not alleged for those actually alleged. 		Criminal Law and Procedure 5DCA Aug. 14, 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.