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
Amended Opinion: Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant's constitutional rights under 'Estelle v. Smith.' 		Criminal Law and Procedure 9th Aug. 28, 2017
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 Aug. 28, 2017
U.S. v. Robinson
Error in concluding that defendant’s conviction for Washington crime of second-degree assault is ‘crime of violence’ results in vacated sentence and remand. 		Criminal Law and Procedure 9th Aug. 28, 2017
U.S. v. Walter-Eze
Defendant must show prejudice under ‘Strickland v. Washington’ even if an actual conflict of interest exists, where ‘Cuyler v. Sullivan’s’ prejudice standard is in applicable. 		Criminal Law and Procedure 9th Aug. 28, 2017
People v. Romero
Failure to remove juror, who had substantial relationship with sexual assault victim amounting to ‘actual bias,’ constitutes constitutional error that warrants reversal of convictions. 		Criminal Law and Procedure 2DCA/1 Aug. 25, 2017
People v. Ledesma
Rapist fails to overturn One Strike Law sentence enhancement on vagueness grounds by likening California’s asportation requirement with federal statute found impermissibly vague. 		Criminal Law and Procedure 4DCA/1 Aug. 25, 2017
Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure’s stated deadlines are directive rather than mandatory. 		Criminal Law and Procedure CASC Aug. 25, 2017
Modification: PGA West Residential Association Inc. v. Hulven International Inc.
Demurrer improperly overruled, where allegedly fraudulent acts are governed by Uniform Fraudulent Transfer Act’s seven year statute of repose. 		Criminal Law and Procedure 4DCA/2 Aug. 24, 2017
People v. Halim
Defendants convicted of federal crimes related to their involvement in human trafficking unsuccessful in arguing that Double Jeopardy Clause bars subsequent state prosecution. 		Criminal Law and Procedure 2DCA/4 Aug. 23, 2017
U.S. V. Brito
Time served in state custody is part of defendant’s ‘term of imprisonment’ where defendant motions for sentence reduction. 		Criminal Law and Procedure 9th Aug. 23, 2017
Order and Amended Opinion: U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. 		Criminal Law and Procedure 9th Aug. 22, 2017
Clayton v. Biter
Defendant’s habeas petition challenging denial of state court’s resentencing petition is not subject to ‘second or successive petition’ bar under 28 U.S.C. Section 2244(b). 		Criminal Law and Procedure 9th Aug. 22, 2017
U.S. V. Jesus Castillo-Mendez
In an attempted illegal reentry case, a supplemental jury instruction that incorrectly relies on ‘found in’ illegal re-entry cases instead of attempted illegal re-entry cases is confusing and erroneous. 		Criminal Law and Procedure 9th Aug. 22, 2017
People v. Button
Trial court need not issue ‘Boykin-Tahl’ admonition prior to accepting stipulation supporting serious felony allegations where stipulation carried no immediate penal consequences for defendant. 		Criminal Law and Procedure 4DCA/1 Aug. 21, 2017
People v. Pennington
Failure of People to prove battery victim was in fact a peace officer results in reversal of defendant’s conviction for battery on a peace officer. 		Criminal Law and Procedure CASC Aug. 18, 2017
In re Trever P.
Mother’s surreptitious recording of her minor son and his abuser properly admitted under exception from Penal Code Section 633.5. 		Criminal Law and Procedure 5DCA Aug. 16, 2017
People v. Pineda
Section 4 of the Public Safety and Rehabilitation Act of 2016 applies retroactively to juvenile defendants convicted of murder. 		Criminal Law and Procedure 2DCA/5 Aug. 16, 2017
People v. Financial Casualty & Surety Inc.
Surety entitled to relief from bond forfeiture where defendant was placed in custody within 185-day appearance period and surety took reasonable steps to seek relief. 		Criminal Law and Procedure 1DCA/3 Aug. 14, 2017
People v. Brown
Defendant unsuccessful in challenging conviction for human trafficking, where Proposition 35 does not prohibit treating victim as uncharged coconspirator under coconspirator exception to hearsay rule. 		Criminal Law and Procedure 3DCA Aug. 14, 2017
U.S. v. Smith
Relators’ motion to intervene in criminal action properly denied, where False Claim Act’s ‘alternate remedy’ provisions do not permit intervention. 		Criminal Law and Procedure 9th Aug. 11, 2017
People v. Financial Casualty and Surety Inc.
Surety fails to vacate bond forfeiture following criminal defendant’s second failure to appear where defendant’s alleged deportation did not render defendant ‘permanently disabled.’ 		Criminal Law and Procedure 1DCA/4 Aug. 10, 2017
Harris v. Superior Court (People)
Order requiring payment of restitution is ‘significant adverse collateral consequence’ entitling petitioner to appointed counsel on appeal. 		Criminal Law and Procedure 3DCA Aug. 10, 2017
Greenway v. Ryan
Convicted murderer properly denied habeas relief where neither state Supreme Court nor trial court applied impermissible causal-nexus test to exclude mitigating evidence. 		Criminal Law and Procedure 9th Aug. 9, 2017
Order and Amended Opinion: Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. 		Criminal Law and Procedure 9th Aug. 9, 2017
People v. Echavarria
First-degree murder conviction overturned due to juror misconduct where several jurors discussed extraneous information concerning sufficient punishment for defendant during guilt phase of trial. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
People v. Gandy
Upon reconsideration, defendant still unsuccessful in challenging prior out-of-state convictions, where plea was voluntary and intelligent under totality of the circumstances. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
Modification: People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement. 		Criminal Law and Procedure California Courts of Appeal Aug. 4, 2017
People v. Singh
A court may consider the credibility and materiality of newly discovered evidence when ruling on a retrial motion that is based on new evidence. 		Criminal Law and Procedure California Courts of Appeal Aug. 3, 2017
USA V. Leon Seminole
Court may compel a spouse to testify against his or her spouse where testifying spouse is a victim of defendant’s crime. 		Criminal Law and Procedure 9th Aug. 1, 2017
People v. Arredondo
Convicted sex offender unsuccessful in arguing that his Sixth Amendment right to confrontation was violated during his trial by allowing witnesses to testify obscured by computer monitor. 		Criminal Law and Procedure California Courts of Appeal Jul. 31, 2017
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.