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. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied. 		Criminal Law and Procedure 5DCA Nov. 2, 2018
People v. Zammora
The judgments and orders denying motions for a new trial, from which this appeal was taken, are, and each of them is, reversed, and the cause remanded. 		Criminal Law and Procedure 2DCA/1 Nov. 2, 2018
People v. Grzymski
If a defendant does not appeal once a court modifies a sentence to eliminate the provision for a term of mandatory supervision, then that sentence will become final. 		Criminal Law and Procedure 1DCA/1 Nov. 1, 2018
People v. Paulsell
The California Supreme Court, in an opinion that, to this day, put references to "common sense" off-limits for jury instructions on reasonable doubt, said, "the phrase 'common sense' is about as uncertain as any phrase in the language. 		Criminal Law and Procedure CASC Nov. 1, 2018
People v. Shaw
There is nothing unfair or prejudicial in the argument made, and the appeal to the jurors to use their common sense demonstrates a lack of intention to inflame or prejudice their minds 		Criminal Law and Procedure California Courts of Appeal Nov. 1, 2018
Robinson v. California
The court struck down a California law that criminalized being addicted to narcotics. 		Criminal Law and Procedure USSC Nov. 1, 2018
Amended Opinion: U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles. 		Criminal Law and Procedure 9th Oct. 31, 2018
People v. Lopez
Failure to object to the admission of evidence at trial forfeits an appellate claim that such evidence was improperly admitted (e.g. failing to object to admitting a 'Watson' advisement into evidence). 		Criminal Law and Procedure 2DCA/4 Oct. 30, 2018
People v. Henry
'In re Williamson' rule applied; defendant was convicted of false personation, however, the conduct at issue should have been prosecuted exclusively under Vehicle Code Section 40504(b). 		Criminal Law and Procedure 6DCA Oct. 30, 2018
Thee Sombrero, Inc. v. Scottsdale Ins. Co.
Losses that are exclusively economic without any accompanying loss of use of tangible property, does not constitute property damage; as such, the loss of using a property for a nightclub constitutes property damage. 		Criminal Law and Procedure 4DCA/2 Oct. 29, 2018
People v. Acosta
Penal Code Section 654's prohibition on multiple punishment for crimes arising from a single course of conduct, does not apply when a new intent and objective is formed from the initial conduct. 		Criminal Law and Procedure 6DCA Oct. 29, 2018
People v. Saelee
Under Penal Code Section 1170.8, 'some type' of evidence must be presented to the trial court before it can deny a defendant's petition to redesignate a prior felony conviction to a misdemeanor. 		Criminal Law and Procedure 3DCA Oct. 29, 2018
U.S. v. Moreno Ornelas
Under plain error, if there is a reasonable probability that the failure to instruct a jury properly affected a jury's verdict, that verdict must be reversed. 		Criminal Law and Procedure 9th Oct. 26, 2018
Dominguez v. Kernan
District court erred when it dismissed defendant's habeas petition as moot; although the state court vacated defendant's earlier convictions, defendant still remained in custody and his second prosecution was still ongoing. 		Criminal Law and Procedure 9th Oct. 24, 2018
U.S. v. Henderson
'Network Investigative Technique warrant' was not considered a tracking device permitted by Federal Rule of Criminal Procedure Rule 41(b)(4) because it did not physically 'track movement of person or property.' 		Criminal Law and Procedure 9th Oct. 24, 2018
People v. Henson
Law favors the joinder of counts because of such a course of action promotes efficiency; as such, court erred by not joining related counts in criminal case. 		Criminal Law and Procedure 5DCA Oct. 23, 2018
People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant. 		Criminal Law and Procedure 6DCA Oct. 23, 2018
People v. Valdez
Penal Code Section 243.9 applies to persons who are confined in any local detention facility, even when temporarily outside of the walls of the facility. 		Criminal Law and Procedure 2DCA/3 Oct. 19, 2018
People v. Jones
Evidence Code Section 1101(b) clarifies that evidence of a person's conduct is admissible when that evidence is relevant to demonstrate a fact other than character or propensity. 		Criminal Law and Procedure 1DCA/2 Oct. 19, 2018
People v. Superior Court (Dominguez)
Company that makes DNA testing program is not 'part of prosecution team;' People cannot be compelled to disclose evidence or information, such as program source code, solely in company's possession. 		Criminal Law and Procedure 4DCA/1 Oct. 18, 2018
People v. Hudson
Trial court's reliance on preliminary hearing transcript to determine whether appellant's prior conviction qualified as a serious felony and, in turn, a strike, was impermissible and violated the Sixth Amendment. 		Criminal Law and Procedure 5DCA Oct. 16, 2018
People v. Adams
Where trial court did not have opportunity to assess whether juvenile non-homicide offender would have 'meaning opportunity' to demonstrate 'fitness to reenter society in the future,' reconsideration of 35-year sentence must be reviewed. 		Criminal Law and Procedure 2DCA/5 Oct. 16, 2018
Modification: People v. Adams
The United States Supreme Court, has placed limitations on juvenile sentencing, such as, "no juvenile who commits a nonhomicide offense may be sentenced to life without the possibility of parole." 		Criminal Law and Procedure 2DCA/5 Oct. 16, 2018
U.S. v. Sellers
The rigorous discovery standard formed in 'United States v. Armstrong,' does not apply in the context of selective enforcement claims involving stash house reverse-sting operations. 		Criminal Law and Procedure 9th Oct. 16, 2018
People v. Yushchuk
No instructional error where jury was instructed separately on murder elements and there was no reasonable likelihood the jury would have employed the inference instructions to supplant the malice instructions for purposes of murder liability. 		Criminal Law and Procedure 3DCA Oct. 15, 2018
Modification: People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. 		Criminal Law and Procedure 2DCA/3 Oct. 12, 2018
Payton v. Davis
Under the Antiterrorism and Effective Death Penalty Act, a certificate of appealability may be issued only if the applicant made a substantial showing of the denial of a constitutional right. 		Criminal Law and Procedure 9th Oct. 11, 2018
U.S. v. Gonzalez
Fabricated law enforcement reports, made in effort to cover up beating of jail visitor, qualify as 'records' or 'documents' under 18 U.S.C. Section 1519. 		Criminal Law and Procedure 9th Oct. 11, 2018
People v. Endsley
People found not guilty for reasons of insanity have the right to appear and testify at an outpatient placement hearing. 		Criminal Law and Procedure 4DCA/2 Oct. 11, 2018
People v. Pipkin
The redesignation of a qualifying offense as a misdemeanor pursuant to Proposition 47 does not preclude recommitment as a Mentally Disordered Offender. 		Criminal Law and Procedure 1DCA/4 Oct. 4, 2018
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.