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
Schoenfeld v. Board of Parole Hearings
Board of Parole Hearings may order rescission hearing based on granting panel's failure to adequately consider gravity of convictions. 		Criminal Law and Procedure Jan. 20, 2011
Miller v. Oregon Board of Parole and Post-Prison Supervision
Oregon statute creates liberty interest in early eligibility for parole, and Oregon Board of Parole does not violate due process by denying parole for lack potential rehabilitation. 		Criminal Law and Procedure Jan. 19, 2011
In re Caballero
Juvenile gang defendant’s sentence of 110 years to life for premeditated attempted murder does not constitute cruel and unusual punishment. 		Criminal Law and Procedure Jan. 19, 2011
Sharp v. Superior Court (People)
Amendment to discovery law authorizes court to order psychiatric examination of defendant, who pleads not guilty by reason of insanity, by prosecution-retained expert. 		Criminal Law and Procedure Jan. 19, 2011
People v. Hollinquest
Preliminary hearing testimony of witness, later deemed ‘unavailable,’ is admissible because defendant had opportunity and did cross-examine witness during preliminary hearing. 		Criminal Law and Procedure Jan. 18, 2011
U.S. v. Lindsey
Denial of defendant’s last peremptory challenge based on court’s counting error does not require reversal of conviction where conviction is supported by sufficient evidence. 		Criminal Law and Procedure Jan. 18, 2011
U.S. v. Doss
Witness tampering charge is improper where defendant requests that his wife exercise her marital privilege against testifying, and does not engage in ‘corrupt’ persuasion. 		Criminal Law and Procedure Jan. 18, 2011
People v. Dixon
Pandering conviction requires defendant to encourage another to engage in prostitution with others, not offer money in exchange for sex with himself. 		Criminal Law and Procedure Jan. 18, 2011
People v. Higgins
Prosecutor’s questioning and remarks regarding defense expert’s previous trial experience aimed to cast him in unfavorable light is reversible misconduct. 		Criminal Law and Procedure Jan. 14, 2011
People v. Hill
Gang expert can rely on inadmissible evidence in giving opinion testimony on defendant’s motivation to murder police officer. 		Criminal Law and Procedure Jan. 14, 2011
U.S. v. Begay
Defendant’s calculated actions before and after shooting demonstrate premeditation adequate to support conviction for first degree murder. 		Criminal Law and Procedure Jan. 13, 2011
People v. Saibu
In new abstract of judgment, trial court must credit defendant's sentence when sentence is modified pursuant to California Rules of Court Rule 4.452. 		Criminal Law and Procedure Jan. 11, 2011
People v. Sharret
Court violates Penal Code Section 654 in failing to stay criminal laboratory fee as to stayed conviction because fee was punitive in nature. 		Criminal Law and Procedure Jan. 10, 2011
Hayes v. Ayers
Media coverage of case, which did not significantly interfere with trial, does not result in impartial jury violating defendant’s right to fair trial. 		Criminal Law and Procedure Jan. 9, 2011
In re Miranda
Habeas corpus petition for review of decision denying parole is moot where petitioner has already been released from custody following subsequent hearing. 		Criminal Law and Procedure Jan. 9, 2011
People v. Morehead
Court has no duty to instruct jury on ‘fear’ in robbery context and even if erroneous, error was harmless beyond reasonable doubt. 		Criminal Law and Procedure Jan. 9, 2011
People v. Wilkins
Felony-murder liability does not terminate when perpetrator reaches place of temporary safety if felony and killing are within one continuous transaction. 		Criminal Law and Procedure Jan. 9, 2011
People v. Sigala
Instruction defining lewd and lascivious conduct for purposes of continuous sexual abuse statute accurately states that touching need not be done in lewd manner. 		Criminal Law and Procedure Jan. 6, 2011
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony. 		Criminal Law and Procedure Jan. 6, 2011
People v. Avila
Trial court properly appoints conflict counsel for competency hearing where defendant's threat to kill his public defender created conflict of interest. 		Criminal Law and Procedure Jan. 6, 2011
People v. Nazary
Grand theft by employee is not lesser included offense of embezzlement because defendant can commit one without necessarily committing other. 		Criminal Law and Procedure Jan. 6, 2011
Lakey v. Hickman
Federal habeas petition is not subject to tolling of limitations period where state court previously rejects petition for relief as untimely. 		Criminal Law and Procedure Jan. 5, 2011
People v. Cua
Defendant’s failure to object to DNA evidence at trial does not preserve issue on appeal and court has no duty exclude evidence sua sponte. 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Harris
Defendant's appeal is dismissed based on waiver in plea agreement, despite withdrawal of stipulation that prior conviction was for 'crime of violence.' 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Liquidators of European Federal Credit Bank In Liquidation
Government’s failure to assert civil forfeiture proceeding on asset subject to criminal forfeiture proceeding is subject to res judicata with respect to same asset. 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Montes
Failure to hold evidentiary hearing upon allegation of jury misconduct does not prejudice defendant where overwhelming evidence supports verdict. 		Criminal Law and Procedure Jan. 4, 2011
People v. Ochoa
Ruling at probation revocation hearing based on evidence from first trial does not bar second trial under doctrine of collateral estoppel. 		Criminal Law and Procedure Jan. 4, 2011
People v. James
Evidence of prior acts of domestic violence is admissible in prosecution for burglary where defendant’s actions involved domestic violence. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Anaya-Acosta
Issuance of departure control order does not modify immigration status for purposes of conviction for being illegal alien in possession of firearm. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Contreras-Hernandez
Defendant’s increased sentence is justified because solicitation for murder of his wife constituted ‘crime of violence’ for purposes of sentencing guidelines. 		Criminal Law and Procedure Jan. 3, 2011
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.