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. Waldie
Harmless error where prosecutor allowed to comment on defendant's failure to return numerous calls by police prior to arrest.
Criminal Law and Procedure Apr. 26, 2009
In re Dannenberg
Governor's denial of parole not justified by heinous nature of commitment offense where no evidence showed that parolee was currently dangerous.
Criminal Law and Procedure Apr. 23, 2009
U.S. v. Mendez-Sanchez
Defendant fails to unequivocally invoke his right to self-representation after numerous counsel substitutions.
Criminal Law and Procedure Apr. 23, 2009
U.S. v. Mejia-Luna
Admission of expert testimony about alien smuggling ring operations and characteristics proper.
Criminal Law and Procedure Apr. 23, 2009
People v. Stone
Attempted murder may be found where defendant shoots at group of people with intent to kill a person and not specific victim.
Criminal Law and Procedure Apr. 23, 2009
People v. Hawthorne
Death sentence is upheld where defendant challenged admission of 911 tape containing victim's screams.
Criminal Law and Procedure Apr. 23, 2009
County of Los Angeles v. Fairmont Specialty Group
Bond forfeiture vacated where defendant is arrested within Section 1305(c)(2)'s 180 day period for different offense.
Criminal Law and Procedure Apr. 22, 2009
People v. Bermudez
Section 851.8 petition for seal and destruction of arrest record barred by two-year limitations period.
Criminal Law and Procedure Apr. 21, 2009
Arizona v. Gant
Where defendant is arrested for driving with suspended license and already secured in police car, vehicle search incident to arrest not valid.
Criminal Law and Procedure Apr. 21, 2009
Townsend v. Knowles
Equitable tolling is justified where federal habeas petition would have been untimely due to intervening change in law.
Criminal Law and Procedure Apr. 21, 2009
People v. Felix
Shooter had requisite mental state for attempted premeditated murder when he shot into an inhabited dwelling after making death threats.
Criminal Law and Procedure Apr. 20, 2009
People v. Samaniego
Jury instruction on aiding and abetting in context of premeditated first degree murder deemed harmless error.
Criminal Law and Procedure Apr. 20, 2009
U.S. v. Brown
Where co-occupant voluntarily consents to warrantless search, later inquiry of legitimately arrested co-occupant isolated in police car not required.
Criminal Law and Procedure Apr. 20, 2009
People v. Branner
Evidence found during vehicle search after custodial arrest arising from valid traffic violation may not be suppressed on Fourth Amendment grounds.
Criminal Law and Procedure Apr. 20, 2009
McKnight v. Torres
'Direct use immunity' agreement not violated by disclosure of investigation report to French authorities where express terms were clear and unambiguous.
Criminal Law and Procedure Apr. 20, 2009
In re Criscione
Determination of unsuitability for parole is improper where Board of Parole Hearings failed to articulate nexus between factual findings and final decision.
Criminal Law and Procedure Apr. 19, 2009
People v. Lewis
For purposes of government information privilege, surveillance location is not material where officer's testimony was sufficiently corroborated by independent evidence.
Criminal Law and Procedure Apr. 15, 2009
U.S. v. Felix
Court's reliance on computer printout in calculating criminal history points is proper.
Criminal Law and Procedure Apr. 14, 2009
U.S. v. Lazarenko
Convictions of Ukrainian official for charges related to extortion are upheld where indictment was sufficient.
Criminal Law and Procedure Apr. 13, 2009
People v. O'Shell
Court committed harmless error by excluding testimony that another felony conviction would be defendant's third strike, subjecting him to life sentence.
Criminal Law and Procedure Apr. 10, 2009
People v. Pearl
Prosecution fails to meet burden of establishing that defendant was on parole when police conducted warrantless searches.
Criminal Law and Procedure Apr. 10, 2009
People v. Story
Trial court did not commit error by admitting evidence of prior sexual assaults in relation to felony murder with rape charge.
Criminal Law and Procedure Apr. 10, 2009
People v. Dyke
Conviction reversed for insufficient evidence that minor was exposed to television scenes constituting 'harmful matter' per Penal Code Section 288.2(a).
Criminal Law and Procedure Apr. 10, 2009
People v. Smith
Constitutional standards met where search of parolee's underwear was conducted in area with little public exposure.
Criminal Law and Procedure Apr. 10, 2009
People v. Valenzuela
Imposition of $300 fine under Penal Code Section 290.3 is improper where defendant committed offense prior to fine increase.
Criminal Law and Procedure Apr. 9, 2009
In re Lazor
Reconsideration of parole suitability ordered where circumstances of crime and prior disciplinary history are sole factors presented in decision to deny parole.
Criminal Law and Procedure Apr. 9, 2009
People v. Samaniego
Jury instruction on aiding and abetting in context of premeditated first degree murder deemed harmless error.
Criminal Law and Procedure Apr. 8, 2009
Corley v. U.S.
Court errs in refusing to exclude confession where defendant was presented to magistrate judge 29.5 hours following arrest.
Criminal Law and Procedure Apr. 7, 2009
People v. Dawson
Defendant must answer charges where court finds that death due to jump off of reversing boat was foreseeable harm.
Criminal Law and Procedure Apr. 6, 2009
U.S. v. Rollness
Murder conviction under Violent Crime in Aid of Racketeering statute carries life imprisonment as statutory minimum sentence rather than simple fine.
Criminal Law and Procedure Apr. 3, 2009