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. Flint
Not-guilty-by-reason-of-insanity defendants and sexually-violent predator defendants are similarly situated; court must consider equal protection argument as to whether latter may be compelled to testify where former is not. 		Criminal Law and Procedure 1DCA/4 May 2, 2018
People v. Soto
Voluntary intoxication evidence may not be admitted to show whether murder defendant subjectively believed he was acting in reasonable self-defense. 		Criminal Law and Procedure 6DCA May 1, 2018
U.S. v. Misraje
A district court did not abuse its discretion when it revoked the supervised release of a convicted person. 		Criminal Law and Procedure 9th May 1, 2018
People v. Espinoza
Appeal dismissed because defendant fails to receive probable cause certificate, where defendant has previously entered a plea of no contest. 		Criminal Law and Procedure 1DCA/1 Apr. 30, 2018
Modification: People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 30, 2018
People v. Chavez
Because a trial court's authority to render judgment ends with the expiration of probation, the court has no power to dismiss a conviction under Penal Code Section 1385 once probation is complete. 		Criminal Law and Procedure 3DCA Apr. 27, 2018
People v. Daveggio & Michaud
Court's definition of reasonable doubt does not improperly lower standard of proof where there is no reasonable likelihood that jury misunderstood instructions to convict on insufficient proof. 		Criminal Law and Procedure CASC Apr. 27, 2018
U.S. v. Garrison
Evidence is sufficient to establish conspiracy where circumstantial evidence showing that defendant was major actor in conspiracy is sufficient to lead reasonable jury to convict for conspiracy. 		Criminal Law and Procedure 9th Apr. 26, 2018
People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion. 		Criminal Law and Procedure 3DCA Apr. 25, 2018
Amended Opinion: U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. 		Criminal Law and Procedure 9th Apr. 23, 2018
Modification: People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime. 		Criminal Law and Procedure 4DCA/1 Apr. 23, 2018
Upshaw v. Superior Court (Alameda)
A prisoner who sought to be transferred to an adjacent county detention facility by court motion was denied writ because she failed to exhaust her administrative remedies prior to seeking writ relief. 		Criminal Law and Procedure 1DCA/5 Apr. 20, 2018
People v. Sanders
Identity theft section not subject to reclassification under Prop 47, though amount taken using stolen identity is less than $950. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2018
People v. McDaniels
Not 'Griffin' violation where prosecutor remarks in closing arguments that defendant did not present alibi evidence. 		Criminal Law and Procedure 1DCA/1 Apr. 19, 2018
Modification: People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court's erroneous response to jury's inquiry does not prejudice defendant. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2018
County of Los Angeles v. Los Angeles County Civil Service etc.
Where narrow Penal Code statutes cited by trial court in order do not allow for use of sought materials in administrative hearing, those narrow statutes control, whether or not trial court subsequently expressed intent that materials be used in such a context. 		Criminal Law and Procedure 2DCA/1 Apr. 19, 2018
Wilson v. Sellers
Federal habeas court should 'look through' unexplained state-court decision and presume that unexplained decision adopted same reasoning as last related state-court decision with relevant rationale where federal court reviews unexplained decision on merits. 		Criminal Law and Procedure USSC Apr. 18, 2018
People v. Jackson
Where evaluations overwhelmingly suggest defendant is incompetent to stand trial, occasional instances of rote comprehension of basic legal concepts does not suffice to demonstrate competence. 		Criminal Law and Procedure 4DCA/2 Apr. 18, 2018
U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. 		Criminal Law and Procedure 9th Apr. 16, 2018
People v. Maldonado
A probationer's condition, allowing warrantless searches of his electronic devices while on probation, was not unconstitutional because the probationer had been given fair warning and he had agreed to said search and seizures. 		Criminal Law and Procedure 6DCA Apr. 16, 2018
Modification: People v. Partee
Defendant's refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. 		Criminal Law and Procedure 2DCA/5 Apr. 16, 2018
People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' 		Criminal Law and Procedure 4DCA/2 Apr. 16, 2018
Modification: 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 Apr. 16, 2018
Birts v. Superior Court (San Mateo)
'Continuation rule' bars peremptory judicial challenge where prosecutor files second action with the same information as initial, voluntarily dismissed action, after unfavorable evidentiary rulings. 		Criminal Law and Procedure 1DCA/3 Apr. 13, 2018
People v. Watts
Trial court abuses its discretion by applying more exacting standard, from different Penal Code statute, to defendant's new trial motion. 		Criminal Law and Procedure 2DCA/1 Apr. 13, 2018
Modification: 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 Apr. 13, 2018
Modification: People v. Diaz
Convictions for murder and attempted carjacking both stand where attempted carjacking is not necessarily included in murder offense. 		Criminal Law and Procedure 5DCA Apr. 12, 2018
People v. Lopez
Where defendant appears to have no improper motive, request to retain new counsel, even after case was ongoing for two years prior to trial, should have been granted. 		Criminal Law and Procedure 1DCA/1 Apr. 12, 2018
People v. Barboza
Proposition 57, which abolishes 'direct filing of criminal charges of juveniles in adult criminal court,' does not apply retroactively to defendant with final judgment. 		Criminal Law and Procedure 1DCA/1 Apr. 10, 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 Apr. 10, 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.