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. Benson
Crime of 'burglary' is not restricted to theft-related burglaries, but applies to all burglaries.
Criminal Law and Procedure Jul. 11, 1999
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling.
Criminal Law and Procedure Jul. 11, 1999
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding.
Criminal Law and Procedure Jul. 11, 1999
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.'
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Garcia
Maximum supervised release periods in Anti-Drug Abuse Act override shorter terms of general sentencing statute.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Stoddard
For double jeopardy, unitary enterprise's enlarged scope and changed participant roles don't create multiple conspiracies.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Garcia-Olmedo
Successive marijuana-possessions are aggravated felonies under Immigration and Nationality Act's criminal provisions.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Tsinhnahijinnie
Proof is insufficient to prove defendant committed crime charged on any date included within indictment.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Chee
No third acceptance of responsibility point for defendant pleading guilty just before trial after victim recants.
Criminal Law and Procedure Jul. 10, 1999
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise.
Criminal Law and Procedure Jul. 10, 1999
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance.
Criminal Law and Procedure Jul. 10, 1999
McDaniel v. U.S. District Court for the District of Nevada (Jones)
In capital defendant's federal habeas action, state's failure to immediately object undercuts relief from discovery order.
Criminal Law and Procedure Jul. 10, 1999
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats.
Criminal Law and Procedure Jul. 10, 1999
U.S. v. Kohli
Fraudulently derived funds transferred between conspirators can be used to enhance only one defendant's sentence.
Criminal Law and Procedure Jul. 10, 1999
Langford v. Day
Defendant's claim of ineffective assistance of counsel doesn't warrant reversal of guilty plea or death sentence.
Criminal Law and Procedure Jul. 10, 1999
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error.
Criminal Law and Procedure Jul. 10, 1999
People v. Barriga
Defendant's sentence for sex offense can be amended two years later to include omitted AIDS test.
Criminal Law and Procedure Jul. 9, 1999
People v. Preller
Jury instruction correctly states elements of crime of child abuse resulting in death.
Criminal Law and Procedure Jul. 9, 1999
Calderon v. U.S. District Court (Hill)
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery.
Criminal Law and Procedure Jul. 9, 1999
U.S. v. Bancalari
Defendant's knowledge accomplice will use gun doesn't support aiding and abetting using firearm in kidnapping.
Criminal Law and Procedure Jul. 9, 1999
People v. Rusco
Simple possession charge is lesser included offense to possession of some marijuana for sale.
Criminal Law and Procedure Jul. 9, 1999
People v. Adames
Transmitting genital herpes is aggravating sentencing factor and AIDS testing mandate isn't unconstitutional punishment.
Criminal Law and Procedure Jul. 9, 1999
People v. Gallegos
Dismissal of case after motion to suppress is granted doesn't prevent refiling of charges.
Criminal Law and Procedure Jul. 9, 1999
People v. Ritter
Removal and search of fanny pack belonging to man detained but not arrested is permissible.
Criminal Law and Procedure Jul. 9, 1999
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed.
Criminal Law and Procedure Jul. 9, 1999
Villafuerte v. Stewart
Trial court doesn't err by not giving lesser included instruction in felony murder trial.
Criminal Law and Procedure Jul. 9, 1999
U.S. v. Miguel
Sequestered defendant must have contemporaneous electronic communication with counsel during taped deposition of child abuse victim.
Criminal Law and Procedure Jul. 9, 1999
U.S. v. Padilla
Non-driver's status as coconspirator with car's owner does not confer standing to challenge police search.
Criminal Law and Procedure Jul. 9, 1999
U.S. v. Amlani
Disparagement of defense counsel by government resulting in obtaining new lawyer is Sixth Amendment violation.
Criminal Law and Procedure Jul. 9, 1999
U.S. v. Putra
Court can consider acquitted conduct at sentencing if it finds conduct true by preponderance of evidence.
Criminal Law and Procedure Jul. 8, 1999