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
To qualify as a dying declaration, statement must be made under the sense of immediate impending death; thus, the trial court did not err in denying admission of the victim's hospital record. 		Criminal Law and Procedure 2DCA/8 Apr. 30, 2019
People v. Sanchez
No abuse of discretion in trial court's finding that seven-year-old son of woman murdered was competent to testify; he understood difference between truth and lie and importance of telling the truth. 		Criminal Law and Procedure CASC Apr. 30, 2019
People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2019
People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 Apr. 30, 2019
People v. Julian
Statistical probabilities go beyond the scope of the child sexual abuse accommodation syndrome theory; thus, the trial court erred in allowing expert witness to testify regarding statistical evidence. 		Criminal Law and Procedure 2DCA/6 Apr. 30, 2019
People v. Cruz
Peace officer's nonconsensual blood draw of defendant, who signed probation orders stating he must submit to chemical testing at a peace officer's request, did not violate defendant's Fourth Amendment rights. 		Criminal Law and Procedure 5DCA Apr. 29, 2019
U.S. v. Wijegoonaratna
During closing arguments, prosecutors may make reasonable inferences based on the evidence presented at trial; thus, the district court did not err in denying defendant's allegation of prosecutorial misconduct. 		Criminal Law and Procedure 9th Apr. 29, 2019
People v. Martinez
CALCRIM No. 334 was improperly given in the trial court's instructions; however, there is no reasonable likelihood that the jury misunderstood that each element of the crime charged must be proven beyond a reasonable doubt. 		Criminal Law and Procedure 2DCA/6 Apr. 26, 2019
People v. Mazumder
Under Penal Code Section 851.8, an existing conviction precludes a defendant from obtaining a petition for a finding of factual innocence and the sealing and destruction of arrest records. 		Criminal Law and Procedure 4DCA/3 Apr. 26, 2019
People v. Rodriguez
After criminal proceedings are completed, a court may order reimbursement of attorney fees only after giving the defendant notice and an opportunity to be heard on the issue of his ability to pay. 		Criminal Law and Procedure 2DCA/3 Apr. 25, 2019
U.S. v. Rodriguez
In 18 U.S.C. Section 3582(c)(2) sentence reduction proceedings, the court must determine the drug quantity attributable to the defendant and may conduct supplemental fact-finding if necessary to make this determination. 		Criminal Law and Procedure 9th Apr. 25, 2019
In re Taylor
Actions after the fact of robbery murder insufficient to show that accomplice acted with reckless indifference to human life. 		Criminal Law and Procedure 1DCA/1 Apr. 23, 2019
U.S. v. Guerrero
After amendments to Federal Rule of Criminal Procedure 12, good-cause standard, rather than plain error review, continues to apply when defendant attempts to raise new theories on appeal for motion to suppress. 		Criminal Law and Procedure 9th Apr. 23, 2019
People v. Novoa
Substantial evidence supported trial court's finding that counsel's representation of defendant fell below standard of reasonableness under prevailing professional norms when he failed to explain adverse immigration consequences of defendant's plea. 		Criminal Law and Procedure 4DCA/1 Apr. 23, 2019
People v. Bipialaka
Defendant who donned mask with intent to scare others and who ran red light while swerving at cars in intersection properly conviction of assault with deadly weapon. 		Criminal Law and Procedure 2DCA/8 Apr. 19, 2019
People v. Shiga
Penal Code Section 451 delineates a single offense of arson, and its subdivisions provide for sentencing depending on the burning's end result, so conviction under two subdivisions was improper. 		Criminal Law and Procedure 2DCA/7 Apr. 19, 2019
Washington v. Ryan
Defense counsel's performance was ineffective when counsel failed to adequately investigate, develop, and present mitigating evidence to the jury at the penalty phase of defendant's capital punishment trial. 		Criminal Law and Procedure 9th Apr. 18, 2019
People v. Medina
'Kill zone' jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Apr. 17, 2019
People v. Washington
Defendant, whose mother's retainer agreement with counsel provided for routine defense costs to be paid by mother, was not entitled to copies of supplemental discovery made at the county's expense. 		Criminal Law and Procedure 3DCA Apr. 16, 2019
People v. Hernandez
Senate Bill No. 620 does not apply retroactively to cases that become final, in order to assure that penal laws will maintain their desired deterrent effect. 		Criminal Law and Procedure 2DCA/6 Apr. 16, 2019
People v. Dearborne
Pinning down a victim and pressing an object the victim believed to be a gun into her side constituted force underlying a conviction for forcible rape. 		Criminal Law and Procedure 4DCA/3 Apr. 15, 2019
U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Apr. 15, 2019
People v. Easter
Substantial evidence was presented that defendant was experiencing new and worsened symptoms constituting substantial change of circumstances in his mental condition; thus, trial court erred in failing to reinstate competency proceedings. 		Criminal Law and Procedure 1DCA/2 Apr. 15, 2019
People v. Morrison
Courts have discretion to replace enhancements with lesser included enhancements, under Penal Code Section 12022.53(d). 		Criminal Law and Procedure 1DCA/5 Apr. 15, 2019
People v. Edwards
Penal Code Section 3051(h) provides youthful-offender parole hearings even for first degree murderers who receive de facto life sentences but excludes One Strikers; thus, Section 3051(h) violates principles of equal protection. 		Criminal Law and Procedure 1DCA/4 Apr. 12, 2019
People v. Lara
Proposition 47's ameliorative provisions did not apply to a Vehicle Code Section 10851(a) conviction for post-theft driving because the offense is a felony regardless of the value of property stolen. 		Criminal Law and Procedure 4DCA/2 Apr. 12, 2019
Modification: People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration. 		Criminal Law and Procedure CASC Apr. 12, 2019
People v. Stamps
Remand necessary for trial court, under Senate Bill No. 1393, to exercise newly-granted discretion to consider whether to strike a Penal Code Section 667(a)(1) enhancement contained in defendant's plea bargain. 		Criminal Law and Procedure 1DCA/4 Apr. 11, 2019
People v. Corrigan
The exception for multiple convictions of necessarily included offenses does not apply to Penal Code Sections 452(b) and (c), as these subdivisions set forth two different offenses. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 2019
People v. Superior Court (Jones)
Prosecution's jury selection notes are discoverable by habeas counsel, where notes were referenced as including neutral basis for strike in 'Batson/Wheeler' hearing. 		Criminal Law and Procedure 4DCA/1 Apr. 10, 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.