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. Williams
Absent express waiver, criminal defendant may raise statute of limitations defense at any time.
Criminal Law and Procedure Sep. 6, 1999
People v. Newman
Defendant may stipulate to felon status, without advisement by court of rights to jury trial, confront witnesses, and against self-incrimination.
Criminal Law and Procedure Sep. 6, 1999
People v. Ray
Police officers may enter unoccupied residence without warrant based on reasonable suspicion of exigent circumstances.
Criminal Law and Procedure Sep. 6, 1999
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights.
Criminal Law and Procedure Sep. 6, 1999
People v. Kelii
Determination of whether prior conviction is serious felony for three strikes purposes is a judicial function.
Criminal Law and Procedure Sep. 6, 1999
U.S. v. Saenz
Defendant claiming self-defense in assault case can show his own state of mind by testifying to personal knowledge of victim's past violent acts.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Estrada-Torres
Previously deported resident alien isn't entitled to discretionary relief if improper interpretation of discretionary relief statute isn't effective at time of deportation order.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Garrett
Defendant who had been granted change of attorneys and then allowed to proceed pro se isn't prejudiced by refusal of eve-of-trial continuance.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Frega
Attorney and judges are properly tried in federal court of Racketeer Influenced and Corrupt Organizations Act offenses involving bribery of state officials.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Sorensen
Mortgage broker can't be convicted of making false statements with regard to unsigned loan application.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Buckner
Border patrol agents have probable cause to arrest passenger in car after discovery of hidden drugs in car entering United States.
Criminal Law and Procedure Sep. 3, 1999
U.S. v. Beltran-Garcia
Jury instruction on permissive inference of knowledge isn't error where drug's commercial quantity isn't denied by defendant and 'blind mule' defense is asserted.
Criminal Law and Procedure Sep. 3, 1999
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law.
Criminal Law and Procedure Sep. 2, 1999
People v. Hampton
In joint trial, admission of one defendant's confession doesn't violate co-defendant's right to confront if all references to co-defendant are redacted.
Criminal Law and Procedure Sep. 2, 1999
People v. Macauley
Conviction for arson of property qualifies defendant for involuntary commitment as a mentally disordered offender.
Criminal Law and Procedure Sep. 2, 1999
People v. Tillman
Rape conviction may be both element of crime of failure to register as sex offender and strike under three strikes law.
Criminal Law and Procedure Sep. 2, 1999
People v. Blackburn
Prior conviction for shooting in an occupied car can qualify as a 'strike' under three strikes law.
Criminal Law and Procedure Sep. 2, 1999
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes.
Criminal Law and Procedure Sep. 2, 1999
People v. Bersamina
Instructing jury that it could conclude defendant molested child if it found by preponderance he committed prior sexual offense is grounds for reversal.
Criminal Law and Procedure Sep. 2, 1999
People v. Superior Court (Lujan)
For lying-in-wait special circumstances allegation in murder case, the amount of time concealed must be 'substantial.'
Criminal Law and Procedure Sep. 2, 1999
People v. Mosley
For 'Miranda' purposes, questioning a defendant while being transported in ambulance to hospital isn't custodial interrogation.
Criminal Law and Procedure Sep. 2, 1999
People v. Lapcheske
Collection of rental payments by defendant who acquired real property by adverse possession does not make defendant guilty of grand theft.
Criminal Law and Procedure Sep. 2, 1999
People v. Jefferson
Three strikes law requires doubling of minimum fifteen-year term for gang-member defendant with prior strike who was convicted of attempted murder.
Criminal Law and Procedure Sep. 2, 1999
People v. Birkett
As insurers are not 'direct' crime victims, they don't have the right to receive restitution from convicted criminals.
Criminal Law and Procedure Sep. 2, 1999
People v. Nguyen
For second-strike defendants convicted of multiple counts, one-third of middle term of consecutive determinate term is doubled.
Criminal Law and Procedure Sep. 2, 1999
People v. Hart
Defendant who fails to challenge jurors for cause or through peremptory challenge isnt entitled to relief on appeal.
Criminal Law and Procedure Aug. 26, 1999
People v. Garcia
Trial courts grant of leniency to defendant is error resulting in an unauthorized sentence.
Criminal Law and Procedure Aug. 26, 1999
People v. Garcia
Prior juvenile adjudication not a 'strike' unless juvenile was adjudged ward of court for Welfare and Institutions Code Section 707(b) offense.
Criminal Law and Procedure Aug. 26, 1999
U.S. v. Hanzlicek
Where defendant becomes a fugitive while his case is pending on appeal, state can invoke disentitlement doctrine to dismiss defendant's appeal with prejudice.
Criminal Law and Procedure Aug. 17, 1999