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. Pimentel-Flores
Defendant's prior conviction for 'assault, in violation of court order' is 'crime of violence' giving rise to 16-level sentence enhancement.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Cliatt
Defendant who attacked wife may be ordered to pay restitution to military hospital that treated her.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Belless
Defendant's misdemeanor conviction for assault is not predicate offense for illegal possession of firearm.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Ross
Attorney who was disbarred prior to defendant's trial did not necessarily render ineffective assistance of counsel.
Criminal Law and Procedure Oct. 16, 2003
People v. Moss
Defendant's forgetfulness is defense to willful failure to update registration as sex offender.
Criminal Law and Procedure Oct. 15, 2003
People v. Cox
Convictions and death sentence for defendant who murdered three teenage girls are affirmed.
Criminal Law and Procedure Oct. 15, 2003
People v. Gutierrez
In noncapital felony case, defendant who refuses to leave court lockup to attend trial is deemed voluntarily absent.
Criminal Law and Procedure Oct. 15, 2003
Biggs v. Duncan
Application for state post-conviction relief was not pending between end of first petition and commencement of second petition.
Criminal Law and Procedure Oct. 15, 2003
People v. Nguyen
Jury should have had opportunity to convict defendants of conspiracy rather than first-degree murder.
Criminal Law and Procedure Oct. 15, 2003
People v. Butler
Temporary detention of defendant was justified, therefore, trial court was not required to suppress evidence under Fourth Amendment.
Criminal Law and Procedure Oct. 15, 2003
People v. Stern
Evidence of uncharged offense properly admitted to corroborate victim's testimony.
Criminal Law and Procedure Oct. 15, 2003
People v. Foster
Regardless of propriety of prosecution's questions to defendant, defendant failed to establish ineffective assistance of counsel.
Criminal Law and Procedure Oct. 15, 2003
People v. Superior Court (Vasquez)
Under plea bargain, only remedy to which defendant was entitled to in response to SVP petition was withdrawal of his plea.
Criminal Law and Procedure Oct. 15, 2003
People v. Cooke
Defendant's waiver of conduct credits while in county jail did not apply to conduct credits while in state prison.
Criminal Law and Procedure Oct. 15, 2003
Bailey v. Rae
State violated defendant's due process rights by failing to disclose therapy reports regarding victim's mental capacity.
Criminal Law and Procedure Oct. 15, 2003
U.S. v. MacDonald
District court did not abuse its discretion in applying enhancement for disposal or discharge of hazardous waste.
Criminal Law and Procedure Oct. 15, 2003
People v. Parham
Res judicata bars prosecution from retrying defendant as mentally disordered offender based on same qualifying offense.
Criminal Law and Procedure Oct. 15, 2003
People v. Dachino
Defendant has standing to contest legality of search, even though he denies search took place.
Criminal Law and Procedure Oct. 15, 2003
People v. Daniels
Defendant sentenced to state prison upon revocation of probation is subject to limitation on conduct credits.
Criminal Law and Procedure Oct. 14, 2003
Hanson v. Mahoney
Magistrate judge has authority to issue certificate of appealability; defendant's claim for relief is procedurally defaulted.
Criminal Law and Procedure Oct. 14, 2003
Hunter v. Ayers
State's use of new regulation to prevent defendant from restoring his 'good time' credits violated ex post facto clause.
Criminal Law and Procedure Oct. 14, 2003
U.S. v. Miguel
Structural error was committed when defendants were precluded from arguing their theory of case and jury instructed that no evidence supports that theory.
Criminal Law and Procedure Oct. 14, 2003
U.S. v. Romero-Bustamente
Search of defendant's backyard by Border Patrol agents violated Fourth Amendment.
Criminal Law and Procedure Oct. 14, 2003
U.S. v. Pereira-Salmeron
Felony conviction for carnal knowledge of child constitutes conviction for crime of violence under Federal Sentencing Guidelines.
Criminal Law and Procedure Oct. 14, 2003
Brown v. Poole
Where plea agreement has been breached, prisoner is entitled to specific performance and is released from custody.
Criminal Law and Procedure Oct. 14, 2003
In re Beasley
Insufficient evidence existed that defendant struck cohabitant to produce corporal injury.
Criminal Law and Procedure Oct. 14, 2003
U.S. v. Beasley
Defenant must prove justification defense by a preponderance of evidence.
Criminal Law and Procedure Oct. 14, 2003
Cordova v. Baca
Criminal defendant who was tried without counsel following defective waiver is entitled to automatic reversal of conviction.
Criminal Law and Procedure Oct. 14, 2003
Hatton v. Bonner
Petitioner's ex post facto and due process challenges to California's sex-offender registration statute fail.
Criminal Law and Procedure Oct. 14, 2003
People v. Bracamonte
Court erred in failing to stay four-year term for defendants' convictions and in its disposition of firearm enhancements.
Criminal Law and Procedure Oct. 13, 2003