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
Amended Opinion: U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds.
Prisoners' Rights 9th Aug. 30, 2022
U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds.
Prisoners' Rights 9th Aug. 1, 2022
Prison Legal News v. Ryan, et al.
Arizona Department of Corrections Order prohibiting mail with sexually explicit material did not violate First Amendment because it was connected to legitimate penal interests and there were no viable alternatives.
Prisoners' Rights 9th Jul. 11, 2022
Fierro v. Smith
Jury should not have been given deference instruction when there was a dispute whether denial of protective custody was necessary, justified, and not exaggerated response to security needs.
Prisoners' Rights 9th Jul. 5, 2022
People v. Poore
Death row inmates' constitutional rights were not violated by imposing a stun belt and restraint chair during trial because there was a manifest need based on inmates' extensive violent history.
Prisoners' Rights CASC Jun. 28, 2022
In re Emanuel O. Cuenca
Petitioner's equal protection claim, based on the state offering state prison inmates, but not county inmates, rehabilitation program credits, failed because the law satisfied rational basis review.
Prisoners' Rights 1DCA/4 Jun. 27, 2022
Al Saud v. Days
Denying prisoner's request to be housed only with other Muslims was the least restrictive means of avoiding equal protection liability that comes with classifying prisoners based on religious beliefs.
Prisoners' Rights 9th Jun. 8, 2022
Atwood v. Shinn
Prisoner is not entitled to preliminary relief and stay of execution absent sufficient evidence to prove substantial risk of severe pain to be caused by accommodated execution method.
Prisoners' Rights 9th Jun. 7, 2022
In re Dohner
Inmate's contentions in habeas that various constitutional rights were violated by prison's prohibition on possessing a personal television failed on the merits.
Prisoners' Rights 4DCA/2 Jun. 6, 2022
Saddozai v. Davis
District court erred in dismissing inmate's complaint where the inmate had exhausted his administrative remedies by the time he filed his operative third amended complaint.
Prisoners' Rights 9th May 24, 2022
Stewart v. Aranas
Prison officials were not entitled to qualified immunity where their protracted "wait and see" treatment amounted to deliberate indifference and clearly violated prisoner's constitutional rights.
Prisoners' Rights 9th May 5, 2022
Russell v. Lumitap
Prison nurse was entitled to qualified immunity because no clearly established case law put her on notice that she could violate plaintiff's constitutional rights while following the doctor's instructions.
Prisoners' Rights 9th Apr. 14, 2022
Ray v. Lara
A prisoner must show a nexus between their claim and the alleged danger to qualify for the imminent danger exception to the three-strikes provision of the Prison Litigation Reform Act.
Prisoners' Rights 9th Apr. 12, 2022
Ramirez v. Collier
Texas failed to show that a categorical ban on audible prayer in the execution chamber was not the least restrictive means of furthering the state's compelling interest in preventing disruptions in the chamber.
Prisoners' Rights USSC Mar. 25, 2022
Balla v. State of Idaho
Conflicting testimony regarding medical treatment at Idaho state prison facility was not sufficient to show deliberate indifference for an alleged Eighth Amendment violation.
Prisoners' Rights 9th Mar. 23, 2022
Ahlman v. Barnes
A stay of a preliminary injunction under the Prison Litigation Reform Act does not toll the 90-day automatic expiration.
Prisoners' Rights 9th Dec. 13, 2021
Fordley v. Lizarraga
A prison's failure to respond to an inmate's grievance rendered the administrative appeals process "unavailable" under the Prison Litigation Reform Act.
Prisoners' Rights 9th Nov. 11, 2021
Hulbert v. Cross
Trial court did not understand nature of its discretion to safeguard indigent inmate's right of access to courts.
Prisoners' Rights 3DCA Jun. 15, 2021
Bean v. Matteucci
District court erred in denying petitioner's habeas petition based on 'Younger v. Harris' abstention grounds because irreparable harm exception applied.
Prisoners' Rights 9th Jan. 21, 2021
Hooper v. Shinn
Arizona Supreme Court did not unreasonably apply clearly established law in concluding that defendant failed to show that disclosure of witness benefits violated defendant's due process rights.
Prisoners' Rights 9th Jan. 11, 2021
Christian v. Thomas
United States Supreme Court decision in 'McCoy v. Louisiana' has not been made to apply retroactively to cases on collateral review.
Prisoners' Rights 9th Dec. 15, 2020
In re Von Staich
California Department of Corrections and Rehabilitation acted with deliberate indifference to the risk of petitioner contracting COVID-19 by failing to implement measures to permit physical distancing between inmates.
Prisoners' Rights 1DCA/2 Oct. 22, 2020
Chades v. Hill
Petitioner's application for leave to file a second or successive habeas corpus petition pursuant to 28 U.S.C. Section 2244(b)(1) was denied.
Prisoners' Rights 9th Oct. 1, 2020
In re Hampton
Where appellate counsel fails to raise significant and obvious issue, failure will generally be considered deficient performance.
Prisoners' Rights 3DCA May 4, 2020
May v. Ryan
Petitioner's lawyer did not render ineffective assistance by failing to object to resumption of jury deliberations after trial court declared mistrial.
Prisoners' Rights 9th Mar. 30, 2020
Milam v. Harrington
District court erred by refusing to consider petitioner's mental impairment as cause of untimely filing of habeas petition simply because he was represented by counsel.
Prisoners' Rights 9th Mar. 26, 2020
Harris v. Harris
Dismissals for refusal to exercise supplemental jurisdiction, failure to serve, and quasi-judicial immunity are not grounds giving rise to strikes under the Prison Litigation Reform Act.
Prisoners' Rights 9th Aug. 22, 2019
In re Rigsby
A prisoner possesses items in his cell when he has knowledge of the items and the items are located in an area accessible to all prisoners residing in that cell.
Prisoners' Rights 5DCA Aug. 21, 2019
Valdez v. Montgomery
Supreme Court 60-day 'benchmark' excludes equitable tolling for habeas petitioner who could not show 'good cause' for waiting year between filing state habeas petitions.
Prisoners' Rights 9th Mar. 15, 2019
Hurles v. Ryan
Intervening Supreme Court authority that ineffective assistance of appellate counsel cannot excuse procedural default of habeas claim renders petitioner's claim unviable.
Prisoners' Rights 9th Feb. 4, 2019