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. Nichols
Sex offender convicted of failure to register within five days of moving is properly sentenced pursuant to "Three Strikes" law.
Criminal Law and Procedure Aug. 6, 2009
U.S. v. Garcia-Villegas
Conviction for illegal entry affirmed where defendant's admissions are sufficiently corroborated by independent witness testimony.
Criminal Law and Procedure Aug. 5, 2009
People v. Perez
Probation condition prohibiting defendant from being within 500 feet of any court is overbroad.
Criminal Law and Procedure Aug. 5, 2009
People v. Black
Court may consider defendant's performance between original grant and previous reinstatement of probation to decide whether prison sentence is appropriate.
Criminal Law and Procedure Aug. 4, 2009
People v. Thorn
Apartment building carport is functionally interconnected and immediately contiguous to inhabited dwelling for felony burglary purposes.
Criminal Law and Procedure Aug. 4, 2009
People v. Conerly
Upholding prosecutor's 'package deal' is not abuse of discretion where terms were not coercive and prevented manipulation of system by co-defendants.
Criminal Law and Procedure Aug. 4, 2009
U.S. v. Benford
Pre-trial status conference merely confirming trial date is not 'critical stage' to establish per se ineffective assistance of counsel.
Criminal Law and Procedure Aug. 4, 2009
U.S. v. Mincoff
Drug conspiracy conviction is supported by sufficient evidence where defendant attempted to purchase drugs but failed to close transaction.
Criminal Law and Procedure Aug. 3, 2009
People v. Castellanos
Courts must impose six additional penalties where defendant is required to pay Penal Code Section 1202.5(a)'s $10 fine for theft related conviction.
Criminal Law and Procedure Jul. 31, 2009
People v. Hirata
Warrant lacks probable cause where supporting affidavit contained stale information due to 82-day delay between alleged drug transaction and search.
Criminal Law and Procedure Jul. 30, 2009
Moore v. Czerniak
Defendant prevails on ineffective assistance claim where counsel failed to file motion to suppress involuntary confession.
Criminal Law and Procedure Jul. 29, 2009
People v. Brown
Motion to withdraw guilty plea properly denied where appointed counsel concluded that there was no good cause to warrant withdrawal.
Criminal Law and Procedure Jul. 29, 2009
People v. Carrington
Murder confession is voluntary where offer to explain defendant's situation to best of ability was not promise of leniency.
Criminal Law and Procedure Jul. 28, 2009
U.S. v. Leniear
Sentence involving crack cocaine offense cannot be reduced where multi-count grouping provision precluded subsequent lowering of guideline sentencing range.
Criminal Law and Procedure Jul. 28, 2009
People v. Brooks
Imposition of assessment enacted in 2009 against misdemeanor convictions arising from 2008 incident is not violation of ex post facto law.
Criminal Law and Procedure Jul. 28, 2009
People v. Buskirk
Right to counsel is not violated where defendant invoked right anticipatorily rather than in response to custodial interrogation.
Criminal Law and Procedure Jul. 27, 2009
U.S. v. Nobari
Testimony about defendants' ethnicity was improper but error is harmless in light of overwhelming evidence of guilt.
Criminal Law and Procedure Jul. 27, 2009
U.S. v. Harris
Robbery conviction categorically qualifies as crime of violence for purposes of career offender sentencing enhancement.
Criminal Law and Procedure Jul. 27, 2009
People v. Anderson
Double jeopardy does not bar retrial of sentencing allegation where jury convicts on substantive crime only.
Criminal Law and Procedure Jul. 24, 2009
U.S. v. Guzman-Padilla
Use of tire deflation device by border control agent against suspected smuggler does not transform investigative stop into arrest.
Criminal Law and Procedure Jul. 24, 2009
Kessee v. Mendoza-Powers
Habeas relief denied where state court's finding that crime committed while on probation amounted to 'prior conviction' is reasonable.
Criminal Law and Procedure Jul. 23, 2009
People v. Wagner
Trial court properly dismisses criminal case based on courtroom unavailability after refusing to interrupt ongoing civil hearing.
Criminal Law and Procedure Jul. 23, 2009
U.S. v. Payton
Evidence found in computer is suppressed where search exceeded scope of warrant.
Criminal Law and Procedure Jul. 22, 2009
People v. Martin
Consideration of facts underlying dismissed domestic violence charge is proper for probation purposes.
Criminal Law and Procedure Jul. 21, 2009
Vigilant Insurance Co. v. Chiu
Restitution order does not preclude victim's assignee from pursuing separate civil action based on criminal conviction.
Criminal Law and Procedure Jul. 21, 2009
People v. Friend
No prosecutorial misconduct committed where prosecutor laughed during defendant's direct examination and made disparaging remarks.
Criminal Law and Procedure Jul. 21, 2009
Vasquez v. Kirkland
Murder conviction affirmed where defendant was afforded opportunity to cross-examine deaf witness.
Criminal Law and Procedure Jul. 21, 2009
Hopkins v. Bonvicino
Warrantless entry into home not justified where officers concluded smell of alcohol on suspect's breath was indicative of diabetic coma.
Criminal Law and Procedure Jul. 20, 2009
People v. Cantrell
Court remedies unauthorized sentence where sentence for second count deemed consecutive to that of principal count.
Criminal Law and Procedure Jul. 20, 2009
U.S. v. Noster
Search and seizure of truck lawful where probable cause existed showing defendant had fraudulently obtained vehicle and failed to make payments.
Criminal Law and Procedure Jul. 17, 2009