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. Bear
Under Prop 47, Penal Code Section 1170.18 does not preclude amended resentencing petition. 		Criminal Law and Procedure 6DCA Jul. 25, 2018
Modification: People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. 		Criminal Law and Procedure 5DCA Jul. 25, 2018
People v. Booth
Judgment affirmed where court correctly concludes that it has ‘no discretion other than to impose’ indeterminate sentence. 		Criminal Law and Procedure 4DCA/3 Jul. 23, 2018
U.S. v. Robertson
Judgment affirmed where jury instruction that is consistent with elements of statutory offense and language of convicting statute does not misstate law. 		Criminal Law and Procedure 9th Jul. 23, 2018
Amended Opinion: Solorio v. Muniz
Request to file second or successive federal habeas corpus petition to advance claim that state suppressed exculpatory evidence denied where applicant fails to exercise due diligence to discover claim's underlying facts. 		Criminal Law and Procedure 9th Jul. 23, 2018
U.S. v. Barnes
Removing handgun from home for fear unsupervised toddlers therein might find and handle it does not amount to necessity defense against charge of being a felon in possession of a firearm. 		Criminal Law and Procedure 9th Jul. 20, 2018
Ross v. Williams
Judgment affirmed where facts in order attached to untimely amended habeas petition are not clearly incorporated for purposes of relating petition back to original, timely petition and petitioner fails to comply with Habeas Rule 2(c). 		Criminal Law and Procedure 9th Jul. 20, 2018
People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury. 		Criminal Law and Procedure 4DCA/2 Jul. 19, 2018
U.S. v. Buenrostro
A district court properly denied a defendant's motion for a sentence modification where defendant's life term received a Presidential commutation to 360 months. 		Criminal Law and Procedure 9th Jul. 16, 2018
People v. Ahmed
Judgment reversed where court deprives criminal defendant of constitutional right to assert defense. 		Criminal Law and Procedure 1DCA/3 Jul. 13, 2018
People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights. 		Criminal Law and Procedure CASC Jul. 13, 2018
Amended Opinion: U.S. v. Edling
Sentence vacated and remanded where Nevada convictions for robbery and felony coercion are not crimes of violence under U.S.S.G. Section 4B1.2(a). 		Criminal Law and Procedure 9th Jul. 13, 2018
U.S. v. Joyce
Bid rigging is a form of horizontal price fixing and is therefore per se illegal under Section 1 of the Sherman Act. 		Criminal Law and Procedure 9th Jul. 12, 2018
U.S. v. Pepe
Conviction for engaging in illicit sexual conduct in foreign place vacated and remanded where convicting statute, pre-amendment, requires showing that defendant was traveling at time of conduct. 		Criminal Law and Procedure 9th Jul. 12, 2018
U.S. v. Hernandez
A district court correctly interpreted that the term *distribution* under the Sentencing Guidelines "applies when the illicit pornographic images are transferred to a minor victim depicted in the images." Held, defendant's conduct qualified as "distribution." 		Criminal Law and Procedure 9th Jul. 11, 2018
U.S. v. Obendorf
An "agricultural practice exception" set forth in 50 C.F.R. Section 20.21 (i) (1) applies to unlawful taking, not to unlawful baiting, so it was misapplied by a District Court when it convicted a farmer; but the error was harmless. 		Criminal Law and Procedure 9th Jul. 10, 2018
People v. Hurlic
Certificate of probable cause not required where defendant who entered no contest plea challenges agreed-upon sentence based on statute that retroactively gives trial court discretion to strike challenged firearm enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 10, 2018
Modification: People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/2 Jul. 6, 2018
People v. Bussey
A felony conviction for unlawful taking or driving of a vehicle was conditionally reversed because a 'vehicle code offense must be tried with correct instructions,' but receipt of a stolen vehicle isn't eligible for misdemeanor reduction. 		Criminal Law and Procedure 3DCA Jul. 2, 2018
People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. 		Criminal Law and Procedure 5DCA Jul. 2, 2018
People v. Littlefield
Appeal dismissed where court lacks jurisdiction to consider motion to vacate victim restitution per general principal that such courts generally lack jurisdiction to resentence defendant after sentence has begun. 		Criminal Law and Procedure 2DCA/1 Jul. 2, 2018
People v. Almanza
Case remanded on rehearing in order to allow trial court to use its independent discretion to determine whether to strike or dismiss firearm enhancement pursuant to Penal Code Section 12022.53(h), as amended. 		Criminal Law and Procedure 2DCA/6 Jul. 2, 2018
People v. Anderson
A trial court didn't abuse its discretion when it denied a defendant's motion to sever his trial from that of his codefendants pursuant to Penal Code Section 1098 and 'Kansas v. Carr' 		Criminal Law and Procedure CASC Jun. 29, 2018
People v. Lopez
Murder conviction and corresponding death sentence affirmed where court does not err in allowing character evidence of defendant’s prior commission of welfare fraud to rebut defendant’s broad testimony of allegedly good character. 		Criminal Law and Procedure CASC Jun. 29, 2018
U.S. v. Hohag
A district court did not abuse its discretion by imposing conditions of supervised release that included sex-offense specific assessment and possible polygraph testing which were 'not particularly burdensome' and related to sexual misconduct conviction. 		Criminal Law and Procedure 9th Jun. 29, 2018
Amended Opinion: U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment. 		Criminal Law and Procedure 9th Jun. 28, 2018
Modification: People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/2 Jun. 28, 2018
In re Poole
Judgment vacated where evidence does not support Board of Parole Hearings’ finding that petitioner poses current danger to public safety. 		Criminal Law and Procedure 1DCA/2 Jun. 27, 2018
U.S. v. Vera
A district court erred when it used defendants' co-conspirators' plea agreements as reliable evidence in sentencing under statement-against-interest rule of evidence. 		Criminal Law and Procedure 9th Jun. 26, 2018
County of Los Angeles v. Financial Casualty & Surety, Inc.
Judgment reversed and remanded where time and place set by jailer under Penal Code Section 1269b gives rise to appearance that is required by law for purposes of forfeiting bail. 		Criminal Law and Procedure 2DCA/4 Jun. 26, 2018
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.