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
U.S. v. Rendon-Duarte
Judgment and sentence are upheld despite court's erroneous admission of prior bad acts and sole reliance on facts to determine prior violent crime.
Criminal Law and Procedure Jun. 20, 2007
Smith v. Superior Court (People)
Prosecution is not entitled to participate in defendant's discovery proceedings or to copies of subpoenaed documents relating to jury selection process.
Criminal Law and Procedure Jun. 20, 2007
U.S. v. Hollis
20-year minimum sentence is affirmed absent proof of drug type where cocaine base residue shows defendant distributed crack.
Criminal Law and Procedure Jun. 20, 2007
People v. Timms
Jury instruction to consider voluntary intoxication only in deciding intent to kill does not violate defendant's due process or equal protection rights.
Criminal Law and Procedure Jun. 19, 2007
People v. Brenn
Recorded statements made by stabbing victim to 911 operator are admissible as non-testimonial, spontaneous declarations.
Criminal Law and Procedure Jun. 19, 2007
People v. Parras
Trial court properly instructs jury that voluntary manslaughter allows conviction without intent to kill in case that went unsolved for 13 years.
Criminal Law and Procedure Jun. 19, 2007
People v. Timms
Jury instruction to consider voluntary intoxication only in deciding intent to kill does not violate defendant's due process or equal protection rights.
Criminal Law and Procedure Jun. 19, 2007
People v. Brenn
Recorded statements made by stabbing victim to 911 operator are admissible as non-testimonial, spontaneous declarations.
Criminal Law and Procedure Jun. 19, 2007
People v. Johnson
Defendant's conviction on various counts of corporal injury to cohabitant must stand, but 36 days must be credited for time spent in presentence custody.
Criminal Law and Procedure Jun. 19, 2007
People v. Parras
Trial court properly instructs jury that voluntary manslaughter allows conviction without intent to kill in case that went unsolved for 13 years.
Criminal Law and Procedure Jun. 19, 2007
In re Stier
Attorney General is not foreclosed by waiver or estoppel from challenging grant of habeas relief from duty to register as sex offender.
Criminal Law and Procedure Jun. 18, 2007
People v. Licas
Assault with firearm is not lesser included offense of shooting at another from vehicle because 'present ability' not required for shooting offense.
Criminal Law and Procedure Jun. 18, 2007
People v. Bonilla
Lying-in-wait special circumstance applies to mastermind of successful murder plot, even though actual elements were satisfied by his co-conspirators.
Criminal Law and Procedure Jun. 17, 2007
People v. Licas
Assault with firearm is not lesser included offense of shooting at another from vehicle because 'present ability' not required for shooting offense.
Criminal Law and Procedure Jun. 17, 2007
Bowles v. Russell
Appellate court lacks jurisdiction where appeal was filed after statutory period, but within time period allowed by district court's order.
Criminal Law and Procedure Jun. 15, 2007
Gautt v. Lewis
Defendant's constitutional right to be informed is violated where they are charged with one sentence enhancement, but mistakenly convicted of another enhancement.
Criminal Law and Procedure Jun. 15, 2007
U.S. v. Beltran-Munguia
Prior felony conviction for second degree sexual abuse does not qualify as "crime of violence" for defendant who unlawfully re-entered United States.
Criminal Law and Procedure Jun. 15, 2007
Fry v. Pliler
Federal courts must assess prejudicial impact of constitutional error in state-court criminal trials under 'Brecht' standard of 'substantial and injurious effect.'
Criminal Law and Procedure Jun. 15, 2007
U.S. v. Alverez-Tejeda
Officers' elaborate ruse to seize vehicle suspected of containing drugs is reasonable and therefore does not violate defendant's Fourth Amendment rights.
Criminal Law and Procedure Jun. 15, 2007
U.S. v. Savage
Prior conviction for prison break rather than 'walkaway escape' constitutes crime of violence for purposes of sentencing enhancement.
Criminal Law and Procedure Jun. 15, 2007
Murdoch v. Castro
Exclusion of privileged letter does not violate defendant's Sixth Amendment rights where cross-examination was effective and letter was of low probative value.
Criminal Law and Procedure Jun. 15, 2007
Bowles v. Russell
Appellate court lacks jurisdiction where appeal was filed after statutory period, but within time period allowed by district court's order.
Criminal Law and Procedure Jun. 15, 2007
People v. Nguyen
Trial court properly denies 'Pitchess' motion after defendant is convicted of bribery.
Criminal Law and Procedure Jun. 14, 2007
People v. Reyes
Trial court properly gives CALCRIM instructions and never instructed jury that it could consider defendant's arrest or trial as evidence of guilt.
Criminal Law and Procedure Jun. 14, 2007
People v. Rivera
Police officers need not corroborate anonymous tip before contacting occupant and seeking consent to enter and search residence.
Criminal Law and Procedure Jun. 14, 2007
People v. Westbrooks
Defendant's due process rights are not violated where judge gives jury instructions explaining reasonable doubt pursuant to CALCRIM No. 220.
Criminal Law and Procedure Jun. 14, 2007
Gautt v. Lewis
Defendant's constitutional right to be informed is violated where they are charged with one sentence enhancement, but mistakenly convicted of another enhancement.
Criminal Law and Procedure Jun. 14, 2007
U.S. v. Beltran-Munguia
Prior felony conviction for second degree sexual abuse does not qualify as "crime of violence" for defendant who unlawfully re-entered United States.
Criminal Law and Procedure Jun. 14, 2007
U.S. v. Alverez-Tejeda
Officers' elaborate ruse to seize vehicle suspected of containing drugs is reasonable and therefore does not violate defendant's Fourth Amendment rights.
Criminal Law and Procedure Jun. 14, 2007
Fry v. Pliler
Federal courts must assess prejudicial impact of constitutional error in state-court criminal trials under 'Brecht' standard of 'substantial and injurious effect.'
Criminal Law and Procedure Jun. 14, 2007