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
Smith v. Hedgpeth
Domestic violence sentence enhancements do not need to be considered in determining whether Double Jeopardy clause entitles defendant to habeas relief.
Criminal Law and Procedure Feb. 6, 2013
U.S. v. Preston
Defendant's confession to sexually assaulting neighbor is not involuntary, despite defendant's diminished mental capacity, because officers did not use coercive tactics.
Criminal Law and Procedure Feb. 6, 2013
People v. Whalen
Defendant fails to overturn his death sentence for first-degree murder and robbery based on allegations of trial court’s pro-death penalty bias.
Criminal Law and Procedure Feb. 5, 2013
People v. Pangan
Victim in driving under the influence with injury case is not entitled to $70,000 payment based on $246 monthly decrease in pension payments due to accident.
Criminal Law and Procedure Feb. 5, 2013
People v. Poulsom
Despite prior finding to the contrary, defendant’s high-risk behavior following release on parole qualifies him as sexually violent predator.
Criminal Law and Procedure Feb. 4, 2013
People v. Hodges
Robbery conviction is overturned due to misleading jury instructions in case of man who hit guard with car while attempting to steal items from Safeway.
Criminal Law and Procedure Feb. 4, 2013
U.S. v. Davis
Money launderer must forfeit $1.29 million to Dept. of Justice and pay $95,000 in restitution to FBI for funds spent in operation leading to his arrest.
Criminal Law and Procedure Feb. 4, 2013
U.S. v. Doe
Drug-trafficker may not avoid prosecution by asserting he was working for FBI, and instead, must prove he did not know he possessed drugs.
Criminal Law and Procedure Feb. 1, 2013
People v. Lisea
Gang member receives 25-year-to-life gang firearm enhancement stemming from confrontation between rival gang members in grocery store parking lot.
Criminal Law and Procedure Feb. 1, 2013
U.S. v. Jesus-Castaneda
Confidential informant may testify at trial in fake wig and mustache without violating defendant's Sixth Amendment Confrontation Clause rights.
Criminal Law and Procedure Jan. 31, 2013
People v. Ikeda
Police may conduct protective sweep of suspected drug trafficker’s motel room when they heard other voices in room and suspect said BB gun was inside.
Criminal Law and Procedure Jan. 31, 2013
People v. Western Insurance Co.
Bond is exonerated because trial court permitted defendant to travel to Philippines and escape apprehension without surety’s knowledge or consent.
Criminal Law and Procedure Jan. 31, 2013
People v. Achrem
Schizophrenic parolee is properly certified as mentally disordered offender for treatment at hospital based on his prior treatment at parole outpatient clinic.
Criminal Law and Procedure Jan. 30, 2013
People v. Yearwood
Inmate may not use amended three strikes law to retroactively overturn his indeterminate life sentence for marijuana possession without petitioning for recall.
Criminal Law and Procedure Jan. 30, 2013
People v. Hul
Defendant is entitled to additional 156 days of conduct credit following his conviction for cocaine possession pursuant to Criminal Justice Realignment Act of 2011.
Criminal Law and Procedure Jan. 30, 2013
People v. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness.
Criminal Law and Procedure Jan. 30, 2013
Brown v. Superior Court (People)
Defendant may be involuntarily committed even though circumstances delayed his full evaluation as to whether he qualified as sexually violent predator.
Criminal Law and Procedure Jan. 29, 2013
People v. Whitmer
Dealership manager who arranged fraudulent sale of 20 motorcycles is properly found guilty of grand theft because property exceeded $400 in value.
Criminal Law and Procedure Jan. 29, 2013
People v. Cuevas
Mentally retarded individual cannot be involuntarily committed absent showing of causal link between his mental retardation and dangerousness.
Criminal Law and Procedure Jan. 29, 2013
People v. Hunt
Probation revocation fine totaling $240 must be imposed on defendant who received suspended sentence and was placed on probation for transporting cocaine.
Criminal Law and Procedure Jan. 28, 2013
People v. International Fidelity Insurance Co.
Attorney’s loss of contact with defendant is insufficient ground for forfeiture of bail bonds because attorney continued to appear for defendant in court.
Criminal Law and Procedure Jan. 25, 2013
Thompson v. Runnels
Defendant’s post-Miranda statements admitting to murder, as well as videotaped reenactment, are admissible because no police misconduct occurred.
Criminal Law and Procedure Jan. 24, 2013
People v. Tinker
Defendant who pleaded no contest to transportation of methamphetamine is entitled to presentence conduct credits due to former statute in effect at time.
Criminal Law and Procedure Jan. 24, 2013
People v. Smith
State must prove sexually violent predator is not entitled to conditional release when he supported petition with favorable annual psychological evaluation recommending release.
Criminal Law and Procedure Jan. 23, 2013
People v. Navarro
First Amendment does not protect defendant, who was found guilty of dissuading witness from reporting crime, when he grabbed phone from victim while she called police.
Criminal Law and Procedure Jan. 22, 2013
Hurles v. Ryan
Judicial recusal may be appropriate where judge became involved in capital defendant’s appeal by making statements regarding evidence of guilt before trial.
Criminal Law and Procedure Jan. 21, 2013
People v. Nguyen
Convictions for attempted unlawful assault weapon activity and attempted possession of assault weapon are correct, even if AK-47 was not yet fully assembled.
Criminal Law and Procedure Jan. 21, 2013
U.S. v. Gallegos-Galindo
Removed alien who illegally reentered country after being convicted of third-degree rape is properly sentenced with 16-level crime of violence enhancement.
Criminal Law and Procedure Jan. 17, 2013
People v. Caldwell
Prosecutor does not commit misconduct by rebutting claim that police detective lied regarding photo lineups and asserting that detective had no reason to lie.
Criminal Law and Procedure Jan. 17, 2013
People v. Guillen
Defendant convicted of driving with a 0.08 percent or higher blood alcohol content with admission of prior felony must serve sentence in state prison.
Criminal Law and Procedure Jan. 16, 2013