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. Superior Court (Taylor)
Trial court abused its discretion in granting pretrial mental health diversion when no evidence established defendant's probable compliance with treatment or nonrisk to public safety. 		Criminal Law and Procedure 2DCA/1 Nov. 3, 2025
People v. Olea
Trial court's order denying defendant's request for recall and resentencing was appealable despite no explicit statutory right because the trial court's actions and order affected his substantial rights. 		Criminal Law and Procedure 6DCA Nov. 3, 2025
People v. Perez-Tinoco
Penal Code Section 1172.6 does not prevent a trial court from granting a writ of habeas corpus alleging error under *People v. Chiu*. 		Criminal Law and Procedure 4DCA/3 Nov. 3, 2025
People v. Cervantes
Trial court had inherent authority to correct unauthorized sentence and erred in ruling it lacked jurisdiction to do so. 		Criminal Law and Procedure 2DCA/6 Oct. 31, 2025
People v. Mirabal
Battery was a lesser included offense of rape of an intoxicated person that the jury should have been instructed on based on the evidence produced at trial. 		Criminal Law and Procedure 6DCA Oct. 30, 2025
People v. Taito
Trial court properly denied Penal Code section 1172.6 petition, where jury's true finding on felony-murder special circumstance rendered defendant ineligible for resentencing as a matter of law. 		Criminal Law and Procedure 2DCA/3 Oct. 30, 2025
Nevarez v. Superior Court (People)
Liability for murder does not automatically end the moment an intoxicated driver ceases driving--in this case, liability was properly imposed on a driver who had ceased driving two minutes prior to a fatal collision. 		Criminal Law and Procedure 4DCA/1 Oct. 29, 2025
People v. Sevilla
Trial court properly refused defendant's request for involuntary manslaughter instruction when evidence supported defendant's deliberate shooting was more than mere criminal negligence 		Criminal Law and Procedure 1DCA/4 Oct. 29, 2025
U.S. v. Vandyke
District court erroneously dismissed illegal firearm possession indictment, where defendant's Second Amendment rights were not violated given protective orders analogous to historical disarmament. 		Constitutional Law, Criminal Law and Procedure 9th Oct. 28, 2025
People v. Feise
Trial court did not err by imposing a five-year enhancement on DUI defendant for causing victim paralysis, as a jury could reasonably reach the paralysis enhancement without expert medical testimony. 		Criminal Law and Procedure 3DCA Oct. 24, 2025
People v. Guzman
When an objection to a peremptory challenge under CCP section 231.7 is erroneously sustained, the "deemed prejudicial" standard, which requires reversal and a new trial, does not apply. 		Criminal Law and Procedure 4DCA/3 Oct. 24, 2025
People v. Lara
Defendant entitled to youthful offender parole hearing was not serving the functional equivalent of life without parole and was ineligible for resentencing relief under Penal Code section 1170. 		Criminal Law and Procedure 2DCA/6 Oct. 24, 2025
People v. Riddle
After defendant's planned residential treatment fell through, trial court acted within its discretion in terminating mental health diversion and refusing to compel public payment for private treatment. 		Criminal Law and Procedure 3DCA Oct. 23, 2025
People v. Warner
Defendant who possessed the requisite mental state for direct aiding and abetting murder was ineligible for relief under Penal Code section 1172.6. 		Criminal Law and Procedure 1DCA/2 Oct. 23, 2025
People v. Krueger
Petitioner was ineligible for resentencing relief under Penal Code section 1172.6 because she was not convicted under any theory of liability affected by the requisite amendments to murder statutes. 		Criminal Law and Procedure 1DCA/2 Oct. 23, 2025
U.S. v. Kroyter
Laches barred coram nobis petition alleging ineffective assistance of counsel for inadequate immigration advice where petitioner waited nine years to file and two key attorneys were deceased by then. 		Criminal Law and Procedure 9th Oct. 22, 2025
Modification: People v. U.S. Fire Insurance Co.
Trial court was not required to forfeit bond when defendant failed to appear for trial readiness conference because defendants may be excused from such a hearing and his counsel appeared. 		Criminal Law and Procedure 4DCA/1 Oct. 21, 2025
U.S. v. Davis
District court using criminal defendant's statements made during psychological exam to determine his competency at sentencing phase did not violate the defendant's right against self-incrimination. 		Criminal Law and Procedure 9th Oct. 21, 2025
People v. Hernandez
Peremptory challenges to jurors based on youth alone do not violate prohibitions against discrimination in jury selection because youth is not a cognizable group for those purposes. 		Criminal Law and Procedure 2DCA/6 Oct. 16, 2025
People v. Dain
Remoteness in time, by itself, cannot serve as the basis for dismissing a criminal defendant's prior strike conviction under the Three Strikes law. 		Criminal Law and Procedure 1DCA/2 Oct. 16, 2025
People v. Guevara
Considering the constitutional avoidance doctrine, Penal Code section 1172.75's resentencing directive was ambiguous enough to incorporate section 1170.126's public safety inquiry, maintaining courts' resentencing discretion and the statute's constitutionality. 		Criminal Law and Procedure, Constitutional Law CASC Oct. 10, 2025
People v. Hill
Sixth Amendment's unanimity requirement was not violated where statute allowed jury to convict for continuous sexual abuse of a child without agreeing on the individual underlying acts supporting guilt. 		Criminal Law and Procedure 1DCA/3 Oct. 13, 2025
People v. McKean
Penal Code section 1172.75 does not permit resentencing for defendants serving time on convictions for in-prison offenses because those subsequent sentences do not merge or aggregate with the original term. 		Criminal Law and Procedure 4DCA/2 Oct. 13, 2025
People v. Garcia
Trial court correctly overruled objection to peremptory challenge of Black prospective juror where, considering totality of circumstances, an objectively reasonable person would not view cognizable group membership as a factor. 		Criminal Law and Procedure 1DCA/4 Oct. 13, 2025
U.S. v. Tainewasher
District court did not plainly err by failing to instruct jury that, to convict defendant of facilitating a drug felony, it must also find that the drug felony was actually committed. 		Criminal Law and Procedure 9th Oct. 13, 2025
People v. Gomez
Defendant who was a juvenile at the time of his offense was eligible for resentencing even though his adult codefendant had not been convicted of the same offense. 		Criminal Law and Procedure 2DCA/4 Oct. 9, 2025
People v. Melgoza
Modified jury instruction defining "force" for forcible rape and forcible oral copulation as including movement or positioning of the victim's body misstated the law and constituted prejudicial error. 		Criminal Law and Procedure 6DCA Oct. 9, 2025
People v. Cortez
"Removals," violent intra-gang punishments of members accused of robbing or stealing from associates, provided non-reputational benefits required by amendments to gang special circumstances under Penal Code section 186.22. 		Criminal Law and Procedure 6DCA Oct. 9, 2025
Modification: People v. Orozco
Amending information to include conspiracy to commit murder charge right before jury selection was improper because the offense had not been shown by evidence at the preliminary hearing. 		Criminal Law and Procedure 2DCA/8 Oct. 8, 2025
People v. Parker
Equitably tolling the two-year incompetency commitment limit under Penal Code section 1370 was proper because of defendant's unavailability due to concurrent proceedings in another county. 		Criminal Law and Procedure 1DCA/3 Oct. 7, 2025
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.