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. Mixon
Appellant's arguments for attorneys' fees award under Hyde Amendment centered on investigating agents' conduct, rather than any independent prosecutorial misconduct or the government's litigating position, and thus failed. 		Criminal Law and Procedure 9th Jul. 23, 2019
People v. North River Insurance Co.
A motion to vacate forfeiture and exonerate a bail bond may be granted when the criminal defendant fails to appear under Section 1305(a) of the California Penal Code. 		Criminal Law and Procedure 6DCA Jul. 23, 2019
People v. Cooper
Defendant's statements to police regarding inability to perform field sobriety tests and refusal to submit to breath or blood tests were voluntary and not barred by the Fifth Amendment. 		Criminal Law and Procedure 2DCA/3 Jul. 22, 2019
People v. Rubio
When officers have reason to suspect that a crime is being perpetrated or that an individual has been injured, a warrantless entry does not violate the Fourth Amendment. 		Criminal Law and Procedure 1DCA/4 Jul. 22, 2019
Satele v. Superior Court
Trial court erred in denying access to evidence based on defendant's failure to establish 'good cause' under Penal Code Section 1054.9(d) because statute does not apply to request for access to court exhibits. 		Criminal Law and Procedure CASC Jul. 19, 2019
People v. Williams
Defendants who made a plea deal must obtain a certificate of probable cause before asking, on appeal, for a remand for resentencing under Senate Bill No. 1393. 		Criminal Law and Procedure 2DCA/8 Jul. 18, 2019
In re Rogers
Petitioner was entitled to habeas corpus relief because material false evidence was presented at his trial, namely that witness testified falsely both in her identification of petitioner and concerning circumstances surrounding it. 		Criminal Law and Procedure CASC Jul. 16, 2019
People v. Marsh
Defendant 'used' victim's own vehicle as a deadly weapon which was 'likely to produce death or great bodily injury' when defendant purposely severed both of its brake lines. 		Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
People v. Sexton
Reasonable jurors would not understand CALCRIM No. 850 to mean that if they found characteristics of intimate partner battering satisfied, then the alleged victim was necessarily telling the truth. 		Criminal Law and Procedure 4DCA/1 Jul. 16, 2019
Bottinelli v. Salazar
Congress provided 'clear direction' in First Step Act of 2018 to delay the implementation of good time credit amendment until Attorney General establishes the 'risk and needs assessment system.' 		Criminal Law and Procedure 9th Jul. 16, 2019
People v. Bay
In order to be found guilty of possession of burglary tools under California Penal Code Section 466, the defendant must actually possess the prohibited items. 		Criminal Law and Procedure 1DCA/1 Jul. 12, 2019
U.S. v. Phillips
A murder-for-hire agreement need not comport with contract rules and promising forgiveness of a debt was sufficient consideration to support the pecuniary value requirement of 18 U.S.C. Section 1958. 		Criminal Law and Procedure 9th Jul. 12, 2019
U.S. v. Perez
Conviction under Penal Code Section 243(d) fits squarely within the definition of 'crime of violence' under U.S.S.G. Section 4B1.2(a), so no error occurred in defendant's sentencing. 		Criminal Law and Procedure 9th Jul. 12, 2019
U.S. v. Carey
Under 36 C.F.R. Section 2.17(a)(3)'s permit exception, defendant bore the burden of proof that he was permitted to BASE jump; thus, conviction affirmed. 		Criminal Law and Procedure 9th Jul. 11, 2019
U.S. v. Evans
To prevail on a Medical Use of Cannabis Act defense, defendant must prove he is a 'designated provider' or 'qualifying patient,' and that he possesses no more marijuana than authorized. 		Criminal Law and Procedure 9th Jul. 10, 2019
Hoffmann v. Pulido
If certain parts of a prisoner's lawsuit are dismissed, that dismissal will not qualify as a Prison Litigation Reform Act strike if there are other valid claims in the lawsuit. 		Criminal Law and Procedure 9th Jul. 9, 2019
Modification: People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Jul. 9, 2019
People v. Jacobo
Pandering under Penal Code Section 266i(a)(2) does not require that panderer intend to procure another person (i.e., victim) for third person; thus, defendant's aggravated human trafficking conviction affirmed. 		Criminal Law and Procedure 4DCA/1 Jul. 5, 2019
People v. Wright
Electronic device search probation condition imposed upon defendant who committed identity theft crime was reasonably related to preventing future criminality and did not violate defendant's Fourth Amendment right to privacy. 		Criminal Law and Procedure 3DCA Jul. 5, 2019
People v. Brackins
Trial court properly denied defendant's request to insert language requiring malice in attempting to dissuade a witness jury instruction because a violation of Penal Code Section 136.1(b) does not require malice. 		Criminal Law and Procedure 6DCA Jul. 5, 2019
Samayoa v. Davis
The availability of state-appointed clemency counsel is irrelevant to federally appointed counsel's ongoing representation of a death-row client in state clemency proceedings. 		Criminal Law and Procedure 9th Jul. 5, 2019
People v. Jones
Under Penal Code Section 1202.4, when a criminal is required to pay a minimum fine and can pay the fine, a court does not need to determine his ability to pay. 		Criminal Law and Procedure 4DCA/2 Jul. 2, 2019
People v. Chen
Because defendant's trial counsel informed her that plea had potential to cause her to be removed from country and denied reentry, trial court properly denied motion to vacate plea and conviction. 		Criminal Law and Procedure 1DCA/3 Jul. 2, 2019
People v. Wiley
Section 1385 of the Penal Code does not authorize a trial court to dismiss a parole revocation petition in the interest of justice. 		Criminal Law and Procedure 1DCA/3 Jul. 2, 2019
People v. Mendez
Local gang expert's testimony about defendant's prior police contacts was relevant and not substantially more unfairly prejudicial than probative and defendant failed to preserve claim of 'People v. Sanchez' error. 		Criminal Law and Procedure CASC Jul. 2, 2019
People v. Weaver
Section 1001.36 of the Penal Code retroactively applies to defendants suffering from mental disorder so long as the respective conviction is not yet final on appeal. 		Criminal Law and Procedure 6DCA Jul. 2, 2019
People v. Super. Ct. (Olivo)
Under Section 170.6, a party is permitted to raise peremptory challenges during the refiling of a criminal case and the trial court is required to grant them as timely. 		Criminal Law and Procedure 4DCA/2 Jul. 1, 2019
People v. Koback
Defendant used car key in a manner capable of causing and likely to result in great bodily injury by lunging and swiping at man's torso with force. 		Criminal Law and Procedure 4DCA/2 Jul. 1, 2019
People v. Mejia
Under Penal Code Section 1473.7, in order to invalidate a conviction due to prejudicial error it is not necessary to make a showing of ineffective assistance of counsel. 		Criminal Law and Procedure 4DCA/3 Jun. 28, 2019
People v. Molano
Under Evidence Code Section 1101(b), admission of defendant's violence against other women, including that he choked his wife to unconsciousness was relevant to defeat his claim that victim's death was accidental. 		Criminal Law and Procedure CASC Jun. 28, 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.