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. Castillero
Proposition 57 transfer hearing provisions are retroactive and apply to defendants who received a fitness hearing under former law, but whose sentence was not final when Proposition 57 became effective. 		Criminal Law and Procedure 6DCA Mar. 27, 2019
Troiano v. U.S.
District court did not abuse its discretion by correcting defendant's sentence only as to the affected count of his multi-count conviction; decision to unbundle sentencing package lies within court's discretion. 		Criminal Law and Procedure 9th Mar. 25, 2019
U.S. v. Jauregui
Defendant's admission that it was 'reasonably foreseeable' that the controlled substance he was transporting may be methamphetamine did not permit the district court to sentence him for conspiracy to import methamphetamine. 		Criminal Law and Procedure 9th Mar. 25, 2019
People v. Maya
Compliance with prison regulations in an institutional setting does not satisfy the requirement for an 'honest and upright life' provided by Penal Code Section 1203.4a. 		Criminal Law and Procedure 2DCA/6 Mar. 22, 2019
People v. Medina
"Kill zone" jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Mar. 21, 2019
People v. Chatman
Under Proposition 47, identity theft can be treated as a misdemeanor, if the value of the personal identifying information does not exceed $950, as petty theft under Penal Code Section 490.2. 		Criminal Law and Procedure 1DCA/4 Mar. 19, 2019
U.S. v. Korte
Warrantless placement of a GPS tracker on a parolee's car was permissible in light of 'United States v. Johnson' which held that the warrantless search of a parolee's cell phone was permissible. 		Criminal Law and Procedure 9th Mar. 18, 2019
Modification: People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing. 		Criminal Law and Procedure 1DCA/2 Mar. 18, 2019
People v. Alvarez
Defendant confined in a state mental hospital may not serve free-standing discovery on third parties untethered to any proceedings without an underlying active motion, petition, or proceeding. 		Criminal Law and Procedure 1DCA/3 Mar. 15, 2019
Modification: People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed. 		Criminal Law and Procedure CASC Mar. 15, 2019
U.S. v. Read
Defendant's Sixth Amendment right to choose his defense was violated by the district court allowing his counsel to present an insanity defense despite defendant's objections. 		Criminal Law and Procedure 9th Mar. 15, 2019
U.S. v. Prien-Pinto
The lack of a mens rea requirement for stolen firearm enhancements under U.S.S.G. Section 2K2.1(b)(4) does not violate the Fifth Amendment. 		Criminal Law and Procedure 9th Mar. 13, 2019
U.S. v. Door
Second-degree assault under Wash. Rev. Code Section 9A.36.021(1)(c) is not a 'crime of violence' under U.S.S.G. Section 4B1.2(a) for sentencing pursuant to U.S.S.G. Section 2K2.1(a)(2). 		Criminal Law and Procedure 9th Mar. 13, 2019
People v. Barton
Where defendant negotiates a plea agreement and specifically waives the right to appeal the sentence, defendant may not appeal based on subsequently-enacted favorable sentencing laws. 		Criminal Law and Procedure 5DCA Mar. 12, 2019
People v. Anthony
'Miranda' violation where police assure suspect they won't question about crime, but ask inculpatory questions; harmless error where other evidence showed 'ample support' for conviction. 		Criminal Law and Procedure 1DCA/2 Mar. 12, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 8, 2019
People v. Kelly
Certificate of probable cause was required to appeal because defendant challenged the sentence to which she agreed as an integral part of the plea agreement; thus, appeal was dismissed. 		Criminal Law and Procedure 2DCA/6 Mar. 7, 2019
People v. Camacho
Defendants moving to vacate a conviction due to prejudicial erroneous information provided by counsel regarding immigration consequences need not meet the *Strickland v. Washington* test showing ineffective assistance of counsel. 		Criminal Law and Procedure 2DCA/2 Mar. 7, 2019
People v. Johnson
Senate Bill No. 620 provides trial courts discretion to strike firearm enhancements in limited circumstances, but does not apply when appellant's judgment of conviction is final. 		Criminal Law and Procedure 2DCA/6 Mar. 6, 2019
People v. Smith
After a defendant makes a prima facie showing the prosecutor exercised a peremptory challenge based on race, the prosecutor must demonstrate the challenges were made for bona fide race-neutral reasons. 		Criminal Law and Procedure 1DCA/4 Mar. 5, 2019
People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing. 		Criminal Law and Procedure 1DCA/2 Mar. 5, 2019
U.S. v. Gilton
Where a magistrate judge erroneously grants a search warrant without supporting probable cause, but police have no reason to question the magistrate's decision, the exclusionary rule will not apply. 		Criminal Law and Procedure 9th Mar. 5, 2019
People v. Alvarez
Gross vehicular manslaughter while intoxicated not a lesser included offense of murder under the elements test or the accusatory pleading test; thus, trial court correctly denied defendant's request to instruct as such. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
People v. Matthews
Despite the trial court erroneously adding a superfluous element to the charged offense in jury instructions, that error does not undermine the conviction's validity. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
People v. Dimacali
Misdemeanor hit-and-run is public offense not susceptible to civil compromise under Penal Code Section 1377. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
Rodney v. Filson
Where the record lacks sufficient information to allow conclusive evaluation of whether a petitioner's ineffective assistance of counsel claim is substantial, remand is necessary. 		Criminal Law and Procedure 9th Mar. 4, 2019
People v. Chamizo
Senate Bill 180 not intended to apply to those whose criminal convictions had become final; thus, trial court was without jurisdiction to consider motion for resentencing. 		Criminal Law and Procedure 3DCA Mar. 1, 2019
People v. Brown
Amount of stolen property purloined from two separate stores should not have been aggregated so as to charge defendant with felonious receipt of stolen property over $950; each transaction was discrete misdemeanor. 		Criminal Law and Procedure 1DCA/4 Mar. 1, 2019
People v. Amezcua and Flores
Defendant's decision not to present a defense at the penalty stage of a capital trial is not a denial of the right to counsel or a reliable penalty determination. 		Criminal Law and Procedure CASC Mar. 1, 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.