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
People v. Bankers Insurance Co.
Filing of amended complaint does not warrant exoneration of bond where amendment, though unauthorized, did not materially increase surety's risk under the bond.
Criminal Law and Procedure May 31, 2016
People v. Nice
Police officer's visual speed estimation, combined with experience and expertise, provided reasonable suspicion for traffic stop, defeating defendants' suppression motion.
Criminal Law and Procedure May 30, 2016
People v. Young
Warrantless search of sex offender lawful though occurring one year and one day after initial placement on postrelease community supervision, which year no violation occurred.
Criminal Law and Procedure May 30, 2016
People v. Vasquez
Defendants unsuccessful in challenging imposition of gang enhancements where prosecution presents sufficient evidence that multiple Norteno gang subsets acted as single group.
Criminal Law and Procedure May 26, 2016
Smith v. Ryan
Denial of federal habeas petition proper in case challenging death sentence under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure May 26, 2016
People v. Salazar
Sentencing court may use defendant's prior juvenile murder conviction as basis for special circumstance that made current first degree murder conviction punishable by death.
Criminal Law and Procedure May 26, 2016
People v. Franklin
Constitutional claim by juvenile homicide offender serving two consecutive 25-years-to-life sentences rendered moot by newly-enacted statutes requiring parole hearing by 25th year of incarceration.
Criminal Law and Procedure May 26, 2016
In re Richards
Husband convicted of wife's murder obtains habeas relief following expert witness's retraction of bite mark testimony, which constituted 'false evidence' under recently-amended Penal Code Section 1473.
Criminal Law and Procedure May 26, 2016
Jackson v. Superior Court (People)
Following denial of relief to petitioner ordered committed to state hospital, court urges Legislature to amend Penal Code Section 1370(c)(2) to provide courts more clarity.
Criminal Law and Procedure May 25, 2016
Rodriguez v. Copenhaver
Bureau of Prison's reliance on recused judge's letter in denying federal prisoner's nunc pro tunc designation of his sentence legally erroneous and violates due process.
Criminal Law and Procedure May 25, 2016
People v. Lehman
Grandfather unsuccessful in challenging $1 million noneconomic restitution award to victims, his granddaughters.
Criminal Law and Procedure May 25, 2016
County of Los Angeles v. Financial Casualty & Surety Inc.
Trial court lacks jurisdiction over bail bond under Penal Code Section 1305(b) where surety was never notified of bail forfeiture due to clerk error.
Criminal Law and Procedure May 25, 2016
People v. Conejo
No alteration on rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty.'
Criminal Law and Procedure May 25, 2016
Foster v. Chatman
Georgia Supreme Court's rejection of convicted murderer's 'Batson' claims clearly erroneous in light of prosecution's persistent focus on race, demonstrating racial animosity.
Criminal Law and Procedure May 24, 2016
People v. Robinson
Where same evidence is required to support all elements of misdemeanor sexual battery and sexual battery by fraudulent representation, former offense is not lesser included offense of the latter.
Criminal Law and Procedure May 24, 2016
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them.
Criminal Law and Procedure May 24, 2016
People v. Cowan
Although prosecutor commits misconduct in stating incorrect presumption of innocence, error harmless beyond reasonable doubt due partly to proper instructions and overwhelming evidence of guilt.
Criminal Law and Procedure May 24, 2016
Carrillo-Carrillo v. Coursey
Dismissal of federal habeas petition reversed where petitioner fairly presents to Oregon courts his claims that trial counsel rendered ineffective assistance.
Criminal Law and Procedure May 24, 2016
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47.
Criminal Law and Procedure May 24, 2016
People v. Espino
Consent given to vehicle search while defendant was unlawfully under arrest is not valid because not voluntarily given.
Criminal Law and Procedure May 24, 2016
Betterman v. Montana
Sixth Amendment's speedy trial guarantee does not apply once defendant has been found guilty at trial or has pled guilty to criminal charges.
Criminal Law and Procedure May 20, 2016
People v. Silva
Failure to notice defendant of his ability to withdraw plea in the event court seeks to impose sentence outside the plea's agreed boundaries requires remand.
Criminal Law and Procedure May 20, 2016
People v. Arendtsz
Penal Code Section 1016.5 motion to vacate nolo contendere plea for felony sexual battery properly denied where defendant was twice advised of adverse immigration consequences of plea.
Criminal Law and Procedure May 20, 2016
People v. Deegan
Homeless man's separate punishment arising out of an incident at Golden Gate Park is proper under multiple-victim exception to Penal Code Section 654.
Criminal Law and Procedure May 19, 2016
U.S. v. Tadios
Estimated value of time CEO of federally-funded health care clinic spent visiting her husband, which should have been reported as annual leave, properly included in loss calculation.
Criminal Law and Procedure May 19, 2016
People v. McEntire
Sufficient evidence supports violent felony enhancement based on finding nonparticipant was present during commission of burglary where nonparticipant sees intruder but flees before he enters.
Criminal Law and Procedure May 18, 2016
U.S. v. Quintero-Leyva
Defendant successfully obtains re-sentencing on importation of methamphetamine conviction to allow for retroactive application of amendment to minor role reduction under federal sentencing guidelines.
Criminal Law and Procedure May 18, 2016
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated.
Criminal Law and Procedure May 18, 2016
People v. Vasquez
Trial court lacks authority to vacate completed sentence on prior felony conviction that qualified for redesignation as a misdemeanor under Proposition 47.
Criminal Law and Procedure May 18, 2016
Kernan v. Hinojosa
Ninth Circuit improperly reviews California inmate's ex post facto claim de novo rather than through AEDPA's deferential lens, warranting reversal of habeas relief.
Criminal Law and Procedure May 17, 2016