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
Ayala v. Wong
Court improperly excludes defense counsel from hearing on whether prosecution was systematically excluding nonwhite jurors from trial. 		Criminal Law and Procedure Aug. 30, 2012
People v. Ortiz
Substantial evidence supports conviction for kidnapping during carjacking when defendants quickly entered vehicle and forced victims to stay inside. 		Criminal Law and Procedure Aug. 30, 2012
People v. Schaefer
Trial court may not consider whether defendant’s death abated victim restitution order because appellate court’s prior order abated all proceedings. 		Criminal Law and Procedure Aug. 30, 2012
Stancle v. Clay
'Gap' tolling of one-year statute of limitations does not occur between successive lower court habeas petitions where inmate asserted new claims in second petition. 		Criminal Law and Procedure Aug. 29, 2012
Gentry v. Sinclair
District court improperly concludes that habeas corpus petition was procedurally defaulted because petitioner sufficiently exhausted claim in personal restraint petition. 		Criminal Law and Procedure Aug. 29, 2012
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive. 		Criminal Law and Procedure Aug. 29, 2012
People v. Mitchell
Statute prohibiting concealed carrying of dirk or dagger does not violate constitutional right under Second Amendment to bear arms for self-defense. 		Criminal Law and Procedure Aug. 29, 2012
People v. Atencio
Defendant may only be sentenced for firearm theft, and not firearm possession, because both acts were pursuant to only one criminal objective. 		Criminal Law and Procedure Aug. 29, 2012
People v. Aranda
Trial court's failure to explain that defendant could not be convicted unless prosecution proved elements of crime beyond reasonable doubt is harmless error. 		Criminal Law and Procedure Aug. 28, 2012
In re Bacigalupo
Petitioner is entitled to relief from judgment of death where prosecution withheld favorable and material information from confidential informant. 		Criminal Law and Procedure Aug. 28, 2012
Miles v. Ryan
Counsel acts competently when she omitted addiction evidence at defendant's sentencing hearing, given that omission was based on strategy. 		Criminal Law and Procedure Aug. 28, 2012
U.S. v. Pineda-Doval
Evidence that defendant drove around spike strip, resulting in vehicle overturning and killing 10 illegal aliens, is not sufficient to show 'malice aforethought.' 		Criminal Law and Procedure Aug. 28, 2012
U.S. v. Bailey
SEC's civil complaint alone may not be admitted as 'other acts evidence' to show defendant's intent where no other evidence substantiated complaint. 		Criminal Law and Procedure Aug. 28, 2012
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. 		Criminal Law and Procedure Aug. 27, 2012
People v. Sorrels
Court’s statement of case to prospective jurors is not misconduct given that judge properly directed jury on how to consider comments. 		Criminal Law and Procedure Aug. 27, 2012
Frost v. Boening
Trial court’s restriction on defense counsel's closing argument does not constitute structural error that would warrant automatic reversal. 		Criminal Law and Procedure Aug. 23, 2012
People v. Cuellar
Although pattern instruction for continuous sexual abuse of child was problematic, any deficiencies are harmless given overwhelming evidence of defendant’s guilt. 		Criminal Law and Procedure Aug. 23, 2012
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force. 		Criminal Law and Procedure Aug. 23, 2012
People v. Johnson
Two-year concurrent sentence based on enhancement for committing offense while on felony bail is stricken because punishment was contrary to statute. 		Criminal Law and Procedure Aug. 23, 2012
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front. 		Criminal Law and Procedure Aug. 22, 2012
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency. 		Criminal Law and Procedure Aug. 22, 2012
People v. Rodriguez
Appeal must be dismissed where defendant challenged validity of nolo contendere plea, but failed to obtain certificate of probable cause. 		Criminal Law and Procedure Aug. 22, 2012
U.S. v. McTiernan
Court properly declines to suppress intercepted recording where defendant failed to prove that recording was made for unlawful purpose. 		Criminal Law and Procedure Aug. 21, 2012
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment. 		Criminal Law and Procedure Aug. 17, 2012
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights. 		Criminal Law and Procedure Aug. 17, 2012
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence. 		Criminal Law and Procedure Aug. 17, 2012
Jones v. Ryan
Prosecutor's incorrect statement regarding kicked-in door did not amount to misconduct because discrepancy was immaterial and would not have undermined testimony. 		Criminal Law and Procedure Aug. 17, 2012
People v. Diaz
Failure to give cautionary instruction regarding evidence of criminal threats is harmless where jury would not have reached more favorable result had instruction been given. 		Criminal Law and Procedure Aug. 17, 2012
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer. 		Criminal Law and Procedure Aug. 17, 2012
U.S. v. Acosta-Sierra
Defendant who threw rock at federal officer is not guilty of assault where officer was not aware of threat of harm until after it had passed. 		Criminal Law and Procedure Aug. 16, 2012
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.