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
Hoffmann v. Pulido
If certain parts of a prisoner's lawsuit are dismissed, that dismissal will not qualify as a Prison Litigation Reform Act strike if there are other valid claims in the lawsuit. 		Criminal Law and Procedure 9th Jul. 9, 2019
Modification: People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Jul. 9, 2019
People v. Jacobo
Pandering under Penal Code Section 266i(a)(2) does not require that panderer intend to procure another person (i.e., victim) for third person; thus, defendant's aggravated human trafficking conviction affirmed. 		Criminal Law and Procedure 4DCA/1 Jul. 5, 2019
People v. Wright
Electronic device search probation condition imposed upon defendant who committed identity theft crime was reasonably related to preventing future criminality and did not violate defendant's Fourth Amendment right to privacy. 		Criminal Law and Procedure 3DCA Jul. 5, 2019
People v. Brackins
Trial court properly denied defendant's request to insert language requiring malice in attempting to dissuade a witness jury instruction because a violation of Penal Code Section 136.1(b) does not require malice. 		Criminal Law and Procedure 6DCA Jul. 5, 2019
Samayoa v. Davis
The availability of state-appointed clemency counsel is irrelevant to federally appointed counsel's ongoing representation of a death-row client in state clemency proceedings. 		Criminal Law and Procedure 9th Jul. 5, 2019
People v. Jones
Under Penal Code Section 1202.4, when a criminal is required to pay a minimum fine and can pay the fine, a court does not need to determine his ability to pay. 		Criminal Law and Procedure 4DCA/2 Jul. 2, 2019
People v. Chen
Because defendant's trial counsel informed her that plea had potential to cause her to be removed from country and denied reentry, trial court properly denied motion to vacate plea and conviction. 		Criminal Law and Procedure 1DCA/3 Jul. 2, 2019
People v. Wiley
Section 1385 of the Penal Code does not authorize a trial court to dismiss a parole revocation petition in the interest of justice. 		Criminal Law and Procedure 1DCA/3 Jul. 2, 2019
People v. Mendez
Local gang expert's testimony about defendant's prior police contacts was relevant and not substantially more unfairly prejudicial than probative and defendant failed to preserve claim of 'People v. Sanchez' error. 		Criminal Law and Procedure CASC Jul. 2, 2019
People v. Weaver
Section 1001.36 of the Penal Code retroactively applies to defendants suffering from mental disorder so long as the respective conviction is not yet final on appeal. 		Criminal Law and Procedure 6DCA Jul. 2, 2019
People v. Super. Ct. (Olivo)
Under Section 170.6, a party is permitted to raise peremptory challenges during the refiling of a criminal case and the trial court is required to grant them as timely. 		Criminal Law and Procedure 4DCA/2 Jul. 1, 2019
People v. Koback
Defendant used car key in a manner capable of causing and likely to result in great bodily injury by lunging and swiping at man's torso with force. 		Criminal Law and Procedure 4DCA/2 Jul. 1, 2019
People v. Mejia
Under Penal Code Section 1473.7, in order to invalidate a conviction due to prejudicial error it is not necessary to make a showing of ineffective assistance of counsel. 		Criminal Law and Procedure 4DCA/3 Jun. 28, 2019
People v. Molano
Under Evidence Code Section 1101(b), admission of defendant's violence against other women, including that he choked his wife to unconsciousness was relevant to defeat his claim that victim's death was accidental. 		Criminal Law and Procedure CASC Jun. 28, 2019
Modification: People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. 		Criminal Law and Procedure CASC Jun. 28, 2019
People v. Alexander
Under Penal Code Section 1538.5 (a)(1)(A), a warrantless arrest is reasonable and valid when probable cause is present; thus, surveillance video of suspects satisfied this standard. 		Criminal Law and Procedure 1DCA/5 Jun. 27, 2019
People v. Boatwright
Even if a charge is not explicitly stated in Proposition 64, an individual may seek to reduce his sentence and the trial court should evaluate in accordance with the law. 		Criminal Law and Procedure 1DCA/1 Jun. 27, 2019
U.S. v. Haymond
When 'a finding of fact alters the legally prescribed punishment so as to aggravate it' that finding must be made by a jury of the defendant's peers beyond a reasonable doubt. 		Criminal Law and Procedure USSC Jun. 27, 2019
People v. Korwin
Under Penal Code Section 288.3(a), contacting a minor with knowledge and intent to commit a sexual offense, it is not required that the victim is an actual minor. 		Criminal Law and Procedure 4DCA/1 Jun. 26, 2019
People v. Toledano
After defendant proposed legally incorrect jury instructions on his litigation privilege affirmative defense, the trial court's failure to give legally correct instructions sua sponte prejudiced defendant. 		Criminal Law and Procedure 4DCA/3 Jun. 26, 2019
U.S. v. Davis
Under 18 U.S.C. Section 924(c)(3)(B), the residual clause defining 'crime of violence' in federal criminal prosecution for using a firearm during commission of the underlying crime, is unconstitutionally vague. 		Criminal Law and Procedure USSC Jun. 25, 2019
People v. Mitchell
Trial court properly refused to instruct jury pursuant to CALJIC No. 8.73.1; in calling victim 'devil' defendant may have been referring to victim's horn tattoos, not because he was hallucinating. 		Criminal Law and Procedure CASC Jun. 25, 2019
People v. Canizales
Kill zone instruction was improper because evidence was insufficient to support a reasonable inference that defendants intended to create a zone of fatal harm around a primary target. 		Criminal Law and Procedure CASC Jun. 25, 2019
Rehaif v. U.S.
Under U.S.C. Section 922(g) and Section 924(a)(2) the Government must prove that the defendant knowingly possessed a firearm and knew of his unlawful or illegal immigrant status. 		Criminal Law and Procedure USSC Jun. 24, 2019
Flowers v. Mississippi
Trial court committed clear error by concluding the State's peremptory challenge of a black prospective juror was not motivated in substantial part by discriminatory intent. 		Criminal Law and Procedure USSC Jun. 24, 2019
Modification: People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances. 		Criminal Law and Procedure 4DCA/2 Jun. 24, 2019
People v. Montalvo
Although evidence did not allow inference that fear was utilized by defendant to accomplish robberies, sufficient evidence of use of force supported defendant's robbery convictions. 		Criminal Law and Procedure 3DCA Jun. 21, 2019
People v. Perry
Unlawful arrest alone is not legally sufficient for conviction under Penal Code Section 149, so reversal was necessary because jury heard theory of guilt premised on officer lacking authority to arrest. 		Criminal Law and Procedure 5DCA Jun. 20, 2019
People v. Bankers Insurance Co.
When a bench warrant or bail forfeiture is administered in a court session, the judge has the power to retract it until that particular session is over. 		Criminal Law and Procedure 6DCA Jun. 20, 2019
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.