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...
You have to be a subscriber to view this page.

    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
Ayestas v. Davis
Court misinterprets 18 U.S.C. Section 3599(f) where it interprets the section as requiring funding applicant to show ‘substantial need’ to obtain funds provided by section.
Criminal Law and Procedure USSC Mar. 22, 2018
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole.
Criminal Law and Procedure 4DCA/3 Mar. 21, 2018
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark.
Criminal Law and Procedure 1DCA/1 Mar. 20, 2018
People v. Cabrera
Revisiting and vacating a sentencing court's conclusions that defendant's prior convictions were serious felonies under relevant statutes is beyond the scope of Section 1170.126 of the Three Strikes Reform Act.
Criminal Law and Procedure 3DCA Mar. 20, 2018
People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions.
Criminal Law and Procedure 3DCA Mar. 19, 2018
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant.
Criminal Law and Procedure 2DCA/6 Mar. 19, 2018
People v. Mireles
Defendant properly convicted of robbery where he swaps price tags of items in store and swings fist at worker attempting to prevent his taking.
Criminal Law and Procedure 2DCA/1 Mar. 14, 2018
People v. Johnson
Where defendant engages in "out of control, self-destructive, and extremely odd" behavior at trial, substantial evidence requires mid-trial competency evaluation, despite court's belief that defendant was faking behavior.
Criminal Law and Procedure 3DCA Mar. 14, 2018
In re Figueroa
Judgment of conviction for murder vacated entirely where it is reasonably probable that result would have been different without false evidence presented at trial.
Criminal Law and Procedure 1DCA/3 Mar. 13, 2018
People v. DeHoyos
Defendants who were sentenced before Prop 47's passage, but whose judgments were not final, are not entitled to automatic resentencing.
Criminal Law and Procedure 4DCA/1 Mar. 13, 2018
U.S. v. Aguilar Diaz
District court must reconsider minor-role adjustment, where it erroneously assumed it could only consider defendant's role in drug smuggling in relation to identified individuals, and not against unknown individuals running operations.
Criminal Law and Procedure 9th Mar. 12, 2018
People v. Mathews
Probationer subject to search condition may not challenge officer's search, though officer was unaware of search condition, where officer would have known of condition but for probationer's dishonesty.
Criminal Law and Procedure 1DCA/1 Mar. 12, 2018
People v. Liu
Felon may not avail herself of Prop 47's under-$950 theft crime reductions where defendant stolen credit card information and made fraudulent purchases totaling more than $950.
Criminal Law and Procedure 2DCA/8 Mar. 12, 2018
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm.
Criminal Law and Procedure 4DCA/1 Mar. 7, 2018
People v. Garton
Confrontation clause error falling within meaning of 'Crawford v. Washington' error is harmless beyond reasonable doubt where defendant is not prejudiced by testimonial hearsay.
Criminal Law and Procedure CASC Mar. 6, 2018
U.S. v. Adkins
Federal jury instructions that do not include state definition of 'knowingly' are error, but harmless because record was clear as to defendant's guilt.
Criminal Law and Procedure 9th Mar. 6, 2018
U.S. v. Studhorse
Attempted first degree murder conviction is proper basis for deeming defendant violent felon under 18 U.S.C. Section 16.
Criminal Law and Procedure 9th Mar. 5, 2018
People v. Aledamat
Where trial court allows legally incorrect jury instruction, reversal required unless record shows jury relied on legally sound instruction in reaching its conviction.
Criminal Law and Procedure 2DCA/2 Mar. 5, 2018
People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel
Criminal Law and Procedure CASC Mar. 2, 2018
People v. Gutierrez
Felony conviction for unlawfully taking a vehicle reversed and remanded where jury is instructed on invalid legal theory and conviction is not based on valid ground.
Criminal Law and Procedure 2DCA/7 Mar. 1, 2018
People v. Bedrossian
After D.A. does not press charges against arrestee, the waiting period required to petition court for determination of factual innocence does not violate procedural due process
Criminal Law and Procedure 1DCA/3 Mar. 1, 2018
U.S. v. Campbell
Revocation of supervised release may not be based on violations alleged after release term ends, at least where such alleged violations are factually unrelated to ones raised prior to the term's expiration.
Criminal Law and Procedure 9th Mar. 1, 2018
U.S. v. Evans
Supervised release condition inconsistent with 'mens rea' requirement prohibiting criminal activity is unconstitutionally vague and overbroad
Criminal Law and Procedure 9th Mar. 1, 2018
People v. Arevalo
Permissible for court to reduce good conduct credits to 15 percent of those stipulated at probation, where defendant convicted of violent felony subsequently violates probation.
Criminal Law and Procedure 1DCA/1 Feb. 28, 2018
People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape.
Criminal Law and Procedure 4DCA/1 Feb. 27, 2018
People v. Wolfe
Malice may be implied when murder defendant was subjectively aware driving under the influence of alcohol was dangerous to human life
Criminal Law and Procedure 4DCA/3 Feb. 23, 2018
People v. Baker
Mandatory 15-years-to-life prison sentence for oral copulation of six-year-old is not cruel and unusual punishment in violation of state constitution.
Criminal Law and Procedure 4DCA/1 Feb. 23, 2018
Class v. U.S.
Judgment finding that guilty plea waives claims challenging constitutionality of statute reversed and remanded where guilty plea, alone, does not bar direct appeal.
Criminal Law and Procedure USSC Feb. 22, 2018
Johnson v. Gill
Mistakenly transferring a defendant from state to federal custody does not automatically convey primary jurisdiction to federal authorities for purposes of prison sentence commencement.
Criminal Law and Procedure 9th Feb. 21, 2018
People v. Hutchinson
Where robber enters home and steals items belonging to parents but also assaults daughter, he may be found guilty of robbery against daughter.
Criminal Law and Procedure 2DCA/1 Feb. 20, 2018