For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
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...
Daily appellate reports
Enewsletter Sign-up
    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. Wang
Heat of passion jury instruction that was erroneously omitted from murder trial was harmless error due to jury's premeditation finding. 		Criminal Law and Procedure 2DCA/2 Mar. 26, 2020
Modification: People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required. 		Criminal Law and Procedure 4DCA/1 Mar. 25, 2020
Davis v. U.S.
Courts may conduct a plain error review of unpreserved arguments, including unpreserved factual arguments. 		Criminal Law and Procedure USSC Mar. 24, 2020
People v. Bullard
Penal Code Section 10851 violations do not bar Proposition 47 relief merely because one cannot prove intent to indefinitely deprive the owner. 		Criminal Law and Procedure CASC Mar. 24, 2020
U.S. v. Walker
Corporal Injury to Spouse or Cohabitant convictions qualify as violent felonies under Armed Career Criminal Act. 		Criminal Law and Procedure 9th Mar. 23, 2020
U.S. v. Miller
Jury charge instructing wire fraud as 'deceive or cheat' instead of 'deceive and cheat' was erroneous but harmless. 		Criminal Law and Procedure 9th Mar. 23, 2020
Smith v. Davis
Petitioner failed to exercise reasonable diligence in pursuing his rights; thus, equitable tolling of statute of limitations did not apply. 		Criminal Law and Procedure 9th Mar. 23, 2020
People v. Cruz
Making a criminal threat was not a lesser included offense of stalking because it required different statutory elements. 		Criminal Law and Procedure 4DCA/3 Mar. 20, 2020
People v. Garcia
Penal Code Section 12022.53 does not grant trial courts discretion to substitute lesser included enhancements where greater enhancement is valid. 		Criminal Law and Procedure 2DCA/2 Mar. 20, 2020
People v. Smith
While unoccupied running car warranted investigation, it did not reasonably suggest crime or emergency was in progress to justify officers' warrantless search. 		Criminal Law and Procedure 4DCA/1 Mar. 16, 2020
People v. Quinonez
Jury very easily could find that prison deputy's nose which defendant fractured and broke constituted great bodily injury resulting in a seriously impaired physical condition. 		Criminal Law and Procedure 5DCA Mar. 16, 2020
Infante v. Martel
Judge had valid reason to excuse juror from trial because he voluntarily expressed concerns about his ability to make an impartial decision. 		Criminal Law and Procedure 9th Mar. 16, 2020
People v. Lopez
Although defendant presented meritorious argument with regard to his conspiracy conviction under Penal Code Section 182.5, the count was modified to conform to jury's findings. 		Criminal Law and Procedure 5DCA Mar. 16, 2020
People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought. 		Criminal Law and Procedure 4DCA/1 Mar. 16, 2020
Modification: People v. Superior Court (Quarles)
A Sexually Violent Predator can only be conditionally released if a court of law determines they pose no danger to others in the community. 		Criminal Law and Procedure 4DCA/1 Mar. 13, 2020
People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2. 		Criminal Law and Procedure 2DCA/8 Mar. 12, 2020
People v. Lopez
Defendant's motion to suppress blood test results properly denied because defendant voluntarily consented to test after receiving admonitions and did not object or resist. 		Criminal Law and Procedure 3DCA Mar. 12, 2020
People v. Garcia
Defendant's felony murder special circumstance finding was reversed because prosecutor had to prove beyond reasonable doubt that defendant 'personally killed' victim. 		Criminal Law and Procedure 6DCA Mar. 11, 2020
People v. Cervantes
Penal Code Section 1170.95's new felony murder definition is not automatic, rather the petitioning process is the exclusive means to seek relief under Senate Bill 1437. 		Criminal Law and Procedure 4DCA/2 Mar. 10, 2020
People v. Kareem A.
Sanctions under Code of Civil Procedure Section 177.5 may apply to persons other than witnesses, parties, and parties' counsel that are involved in the proceedings. 		Criminal Law and Procedure 2DCA/1 Mar. 9, 2020
U.S. v. Jones
Petitioner's prior conviction for Colorado second-degree burglary of dwelling was conviction for violent felony, and therefore he was properly subject to Armed Career Criminal Act enhancement. 		Criminal Law and Procedure 9th Mar. 5, 2020
People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2020
In re McDowell
In felony murder cases, courts must examine defendant's personal role in crimes leading to victim's death and weigh defendant's individual responsibility. 		Criminal Law and Procedure 1DCA/5 Mar. 3, 2020
Munoz v. Superior Court (People)
Statements that, although extrajudicial, are themselves a part of the conduct of the crime, are not subject to the corpus delicti rule. 		Criminal Law and Procedure 1DCA/5 Mar. 3, 2020
People v. Delrio
Search of parolee's cellphone does not violate Fourth Amendment because legitimate interest exists in determining whether defendant violated his parole and there are reasonable suspicions that defendant was involved in residential burglary. 		Criminal Law and Procedure 1DCA/3 Mar. 3, 2020
People v. Jimenez
Conviction for misuse of personal identifying information under Penal Code Section 530.5(a) is not subject to reclassification as misdemeanor shoplifting under Proposition 47. 		Criminal Law and Procedure CASC Mar. 3, 2020
Modification: In re Howerton
Under Penal Code Section 3051, defendant was not eligible for release on parole at youth offender parole hearing because he was previously entitled to parole consideration hearing pursuant to another statutory provision. 		Criminal Law and Procedure 5DCA Mar. 2, 2020
U.S. v. Arpaio
Pursuant to 'Munsingwear,' vacatur in cases mooted while on appeal is not permitted if the defendant suffered no legal consequences from the verdict. 		Criminal Law and Procedure 9th Feb. 28, 2020
People v. McKenzie
An ameliorative statute applies to defendants at any point before sentencing regardless of the underlying convictions and enhancement findings when the supervening legislation is passed. 		Criminal Law and Procedure CASC Feb. 28, 2020
McKinney v. Arizona
A state appellate court may uphold the death sentence after a 'reweighing of the aggravating and mitigating evidence.' 		Criminal Law and Procedure USSC Feb. 27, 2020
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.