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
Berghuis v. Thompkins
Suspect waives right to remain silent by making uncoerced statement to police during interrogation in which he largely remained silent.
Criminal Law and Procedure Jun. 2, 2010
Gressett v. Superior Court (People)
Former deputy district attorney indicted of sodomy and rape fails to have private attorney appointed as his trial counsel at county expense.
Criminal Law and Procedure Jun. 1, 2010
People v. Collins
Juror’s use of home computer to draw diagram of shooting was part of individual contemplation of evidence, rather than misconduct.
Criminal Law and Procedure May 28, 2010
People v. Jacinto
Legal deportation of witness does not violate defendant’s right to compulsory process where no evidence of prosecutorial misconduct is presented.
Criminal Law and Procedure May 28, 2010
U.S. v. Blinkinsop
Special condition on supervised release is overbroad where it fails to consider offender’s children when imposing restriction on where offender may go.
Criminal Law and Procedure May 28, 2010
People v. Ramirez
For Penal Code Section 12022.55 enhancement to apply to defendant’s sentence, victim must not be occupant of motor vehicle.
Criminal Law and Procedure May 27, 2010
People v. Henry
Evidence seized from defendant's car incident to arrest is admissible where officers relied in good faith upon decision allowing search of entire compartment.
Criminal Law and Procedure May 27, 2010
People v. Weddles
Brother of owner of property is robbery victim because he knew location of taken items in apartment he frequented.
Criminal Law and Procedure May 27, 2010
U.S. v. Orozco-Acosta
Warrant of removal is not testimonial statement violating defendant’s right to confront witness, and may be entered into evidence.
Criminal Law and Procedure May 27, 2010
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test.
Criminal Law and Procedure May 26, 2010
Lunbery v. Hornbeak
Defendant’s right to present complete defense is violated where court fails to consider all evidence of alternative suspect in determining admissibility.
Criminal Law and Procedure May 26, 2010
Taylor v. Sisto
Preinstruction to prospective jurors requiring them to set aside personal experiences is flawed.
Criminal Law and Procedure May 26, 2010
People v. Casas
Embezzlement conviction stands even if defendant intended to return trade-in vehicle, which he drove nearly 400 miles to buy drugs.
Criminal Law and Procedure May 26, 2010
Garber v. Superior Court (People)
'Place of residence' exemptions do not apply to firearms charges where defendant used trailer for transportation when encounter with victim occurred.
Criminal Law and Procedure May 26, 2010
People v. Wynn
Sentence for weapons enhancement for using nunchaku in Walmart burglary is stayed because act was punished under assault with deadly weapon counts.
Criminal Law and Procedure May 25, 2010
Jefferson v. Upton
Appellate court must consider all exceptions to determine whether defendant received full and fair evidentiary hearing in state court.
Criminal Law and Procedure May 24, 2010
U.S. v. Marcus
Appellate court wrongfully interprets plain-error rule, allowing for retrial where error did not affect appellant’s substantial right.
Criminal Law and Procedure May 24, 2010
U.S. v. O'Brien
Machine gun use is element to be determined by jury under 18 U.S.C. Section 924(c), not sentencing enhancement to be determined by judge.
Criminal Law and Procedure May 24, 2010
People v. Castillo
Sexually violent predator’s stipulation that commitment extensions are limited to two-year periods despite change in law is upheld under judicial estoppel.
Criminal Law and Procedure May 24, 2010
People v. Thompson
Prospective jurors may be excused based on written questionnaire alone where jurors’ views about death penalty are clear from responses.
Criminal Law and Procedure May 24, 2010
Ponce v. Felker
Supreme Court ruling that 'forfeiture by wrongdoing' exception to confrontation right only applies if defendant intended to prevent testimony does not apply retroactively.
Criminal Law and Procedure May 24, 2010
People v. Nguyen
Non-identical sex offenses occurring in different jurisdictions may be tried together because both offenses belong to same class of crimes.
Criminal Law and Procedure May 23, 2010
People v. Woosley
Where prosecution’s consent is lacking, trial court cannot induce defendant to plead guilty in exchange for dismissal of charged enhancement.
Criminal Law and Procedure May 23, 2010
People v. Roberts
Court properly denies motion to suppress wiretaps where state showed that task force achieved objectives despite failure to provide timely wiretap reports.
Criminal Law and Procedure May 23, 2010
Maxwell v. Roe
Bona fide doubt of defendant’s competency exists where defendant is disruptive and uncontrollable, cannot communicate with counsel, and attempts suicide during trial.
Criminal Law and Procedure May 20, 2010
People v. Sutton
Unavailability of defendant’s counsel is good cause to delay trial where unforeseen events led to attorney’s unavailability.
Criminal Law and Procedure May 20, 2010
In re Calderon
Prisoner is eligible for parole where there is no evidence he poses current risk of dangerousness if released.
Criminal Law and Procedure May 19, 2010
People v. King
Court’s error in admitting evidence of uncharged incident involving defendant to show intent is harmless where other overwhelming evidence supports guilty conviction.
Criminal Law and Procedure May 18, 2010
People v. Delgado
Defendant is entitled to receive conduct credits under amendment to Penal Code Section 4019, which went into effect after she was sentenced.
Criminal Law and Procedure May 18, 2010
Maldonado v. Superior Court (People)
Although subject to partial redaction, court compelled pre-trial psychiatric examination for defendant alleging neurocognitive deficits does not violate Fifth Amendment.
Criminal Law and Procedure May 18, 2010