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...

    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. Slade
Prior conviction for second-degree assault under Washington law erroneously treated as crime of violence, warranting resentencing of felon in possession of firearm conviction.
Criminal Law and Procedure 9th Oct. 11, 2017
People v. Mays
Defendant unsuccessful in challenging restitution order to estate of victim's mother, where mother qualified as victim under the statute and incurred expenses before death.
Criminal Law and Procedure 3DCA Oct. 9, 2017
People v. Blancett
Reversal required due to failure to obtain defendant's knowing, voluntary and intelligent waiver of right to jury trial in mentally disordered offender commitment hearing.
Criminal Law and Procedure 2DCA/6 Oct. 6, 2017
People v. Jo
Defendant unsuccessful in challenging conviction for child custody deprivation, where trial-related errors were either harmless or meritless.
Criminal Law and Procedure 3DCA Oct. 5, 2017
People v. Cruz
Defendant ineligible for Proposition 36 resentencing where defendant was armed with weapon during commission of his or her crime.
Criminal Law and Procedure 2DCA/6 Oct. 4, 2017
Rodriguez v. McDonald
State courts’ finding of valid waiver of right to counsel unreasonable; therefore, teen’s purported confession violated his ‘Miranda’ rights, warranting habeas relief.
Criminal Law and Procedure 9th Oct. 2, 2017
People v. Thomas
Sufficient evidence supported jury’s finding that father committed repeated sexual abuse of young daughter by means of force, fear, menace, or duress.
Criminal Law and Procedure 4DCA/2 Oct. 2, 2017
Williams v. Superior Court (People)
Deputy district attorney’s excusal of potential juror on hardship grounds during grand jury proceedings warrants dismissal of indictment.
Criminal Law and Procedure 3DCA Oct. 2, 2017
People v. Mooring
Criminalist’s use of Indent-A-Drug Website to identify drugs found in defendants’ possession do not violate hearsay law or confrontation clause.
Criminal Law and Procedure 1DCA/5 Sep. 29, 2017
People v. McCloud
Court’s instructional error omitting essential element prejudicial where evidence shows that jury verdict could have been different absent the error.
Criminal Law and Procedure 4DCA/2 Sep. 29, 2017
People v. Lin
Holding in ‘People v. Sanchez’ regarding expert’s use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders.
Criminal Law and Procedure 2DCA/6 Sep. 29, 2017
Facebook Inc. v. Superior Court (Touchstone)
Subpoena seeking pretrial discovery of victim’s nonpublic Facebook communications should have been quashed where content is protected from disclosure under Stored Communications Act.
Criminal Law and Procedure 4DCA/1 Sep. 28, 2017
U.S. v. Jayavarman
Defendant who believes filmed subject is minor may be convicted on child pornography importation statute, even where subject is adult
Criminal Law and Procedure 9th Sep. 27, 2017
People v. Sawyers
Three Strikes Law sentence improper where information failed to give notice defendant was subject to Three Strikes sentence.
Criminal Law and Procedure 2DCA/3 Sep. 27, 2017
People v. Martinez
Order imposing penalty assessments to fees reversed where crime-lab fee and drug program fee are not subject to penalty assessments.
Criminal Law and Procedure 4DCA/3 Sep. 26, 2017
People v. Trujillo
Defendant unsuccessful in challenging electronic-search probation condition following convictions for attempted robbery and assault.
Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Modification: People v. Brooks
Probation term that gave probation officer authority to direct probationer’s participation in any program constitutes improper delegation of judicial authority, but warrants only modification.
Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
Ramirez v. Superior Court
Probable cause hearing prerequisite to ‘retaking’ under Interstate Compact for Adult Offender Supervision where transferring state’s ‘retaking’ may result in ‘revocation of supervision.’
Criminal Law and Procedure 4DCA/1 Sep. 25, 2017
People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel’s alleged failure to challenge trial court’s repeated continuances of hearing on petition challenging determination.
Criminal Law and Procedure 2DCA/6 Sep. 21, 2017
Browning v. Baker
Defendant convicted of 1985 robbery and murder succeeds in obtaining habeas relief due to evidentiary violations under ‘Brady.’
Criminal Law and Procedure 9th Sep. 21, 2017
In re Barber
Sheriff cannot place former probationer in custody based on ‘IRC Want’ after probation had already expired because there is no remaining sentence to serve.
Criminal Law and Procedure 2DCA/3 Sep. 18, 2017
U.S. v. Martinez
Sentence enhancement erroneously imposed under Section 2L1.2(b)(2)(B) of Sentencing Guidelines where felony sentence of more than two years occurred after defendant’s first deportation.
Criminal Law and Procedure 9th Sep. 18, 2017
Cain v. Chappell
Habeas relief properly denied where petitioner received constitutionally adequate notice of attempted rape special circumstances in amended information.
Criminal Law and Procedure 9th Sep. 14, 2017
U.S. v. Spatig
Refusal to allow evidence of defendant’s diminished capacity does not warrant reversal where violation of Resource Conservation and Recovery Act is general intent crime.
Criminal Law and Procedure 9th Sep. 14, 2017
People v. Leonard
Conviction for reckless driving while evading peace officer does not require evidence that defendant was personally assessed traffic violation points.
Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
Atwood v. Ryan
Defendant’s petition for habeas corpus properly denied, where claims regarding application of aggravating factor at sentencing are unavailing.
Criminal Law and Procedure 9th Sep. 14, 2017
People v. Sandee
Where probation condition allows for warrantless search of property and personal effects, ‘U.S. v. Riley’ does not preclude law enforcement from searching probationer’s cell phone, even without reasonable cause.
Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
People v. Hunter
Defendant is not entitled to codefendant’s discovery where defendant’s right to a fair trial does not ‘require such discovery.’
Criminal Law and Procedure 4DCA/3 Sep. 13, 2017
U.S. v. Doe
Sealing criminal documents does not violate First Amendment right to public access where defendant’s compelling interests may be harmed absent closure and no adequate alternative to closure exists.
Criminal Law and Procedure 9th Sep. 13, 2017
U.S. v. McChesney
Ex-girlfriend’s alleged tirade in jury’s presence does not warrant reversal of defendant’s conviction where defendant failed to present credible evidence of improper jury contact.
Criminal Law and Procedure 9th Sep. 12, 2017