For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

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
Sign up for Daily Journal emails
    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
Modification: People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. 		Criminal Law and Procedure, Evidence 4DCA/1 Nov. 22, 2024
People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction. 		Criminal Law and Procedure, Evidence 3DCA Nov. 20, 2024
U.S. v. Porter
Admission of propensity evidence does not violate Fifth Amendment due process principles where courts evaluate whether the probative value outweighs the potential for prejudice under Rule of Evidence 403. 		Evidence, Criminal Law and Procedure 9th Nov. 18, 2024
People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 29, 2024
Richard v. Union Pacific Railroad Co.
Exclusion of expert testimony was error where the witness had experience and knowledge operating trains on tracks where accident occurred that could have assisted the jury in making its determination. 		Evidence 2DCA/3 Oct. 28, 2024
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial. 		Criminal Law and Procedure, Evidence 4DCA/1 Oct. 2, 2024
Gregory v. State of Montana
District court improperly imposed severe evidentiary sanctions against defendants who had not displayed the requisite intent to destroy surveillance footage. 		Evidence, Civil Procedure 9th Sep. 30, 2024
Hyer v. City and County of Honolulu
Excluding expert reports in their entirety was error where the reports relied on facts that were not in evidence and were not speculative or unreliable, and exclusion resulted in prejudice. 		Evidence 9th Sep. 24, 2024
Review granted: Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history. 		Evidence 4DCA/1 Sep. 23, 2024
Huntsman-West Foundation v. Smith
Trial court properly granted summary judgment for defendant, who had no control over premises on which plaintiffs' property was stored and eventually lost. 		Torts, Evidence 4DCA/2 Sep. 10, 2024
People v. Tidd
Expert testimony linking gun cartridge to defendant's firearm lacked foundation, and its admission was both erroneous and prejudicial. 		Evidence 1DCA/3 Sep. 3, 2024
DiMaggio v. Superior Court (People)
Trial court erred in applying good faith exception to exclusionary rule when police obtained the evidence by disregarding the timeframe limits specified in the warrant. 		Criminal Law and Procedure, Evidence 6DCA Sep. 3, 2024
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act. 		Evidence, Family Law 1DCA/3 Aug. 26, 2024
Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history. 		Evidence 4DCA/1 Jul. 25, 2024
BillFloat, Inc. v. Collins Cash Inc.
Because survey design issues did not render likelihood-of-confusion survey unreliable, district court's admission of survey was not abuse of discretion. 		Evidence, Intellectual Property 9th Jul. 2, 2024
Smith v. Arizona
Analyst's out-of-court statements offered in support of testifying expert's opinion were admitted for their truth where they were used to support the expert's opinion but only provided support if true. 		Evidence USSC Jun. 24, 2024
Diaz v. United States
Expert testimony about most drug couriers' mental states generally was not an opinion on the defendant's specific mental state when she was caught transporting drugs, so it was admissible. 		Evidence, Criminal Law and Procedure USSC Jun. 21, 2024
Audish v. Macias
Trial court did not abuse its discretion by admitting limited evidence about plaintiff's future eligibility for Medicare and expected amounts Medicare might pay for future medical services. 		Evidence, Torts 4DCA/1 Jun. 10, 2024
U.S. v. Blackshire
Domestic violence criminal defendant forfeited confrontation rights where evidence showed he intentionally took affirmative steps to dissuade the witness from testifying. 		Evidence 9th Apr. 22, 2024
People v. Flores
Outdated "fresh complaint" doctrine was updated such that a child victim's delay in disclosing sexual assault generally goes to the weight of the disclosure, not its admissibility. 		Evidence 4DCA/1 Apr. 17, 2024
U.S. v. Mirabal
In federal criminal proceedings, the federal government is a party-opponent of the defendant, so government attorney statements in plea agreements and sentencing memoranda are party-opponent admissions and not hearsay. 		Evidence 9th Apr. 17, 2024
People v. Lozano
Deceased victim's statement to her mother regarding protracted pattern of sexual abuse was not admissible under the excited utterance hearsay exception because there had been time for her to reflect. 		Evidence 1DCA/3 Apr. 12, 2024
People v. Rafael B.D.R.
Trial court erred by denying motion for a new trial following newly discovered evidence: a confession by defendant's ex-wife that her family intentionally invented abuse allegations to deport defendant. 		Evidence 1DCA/3 Apr. 12, 2024
U.S. v. Jose Jimenez-Chaidez
District court's decision to admit federal agent's cellphone testimony as lay rather than expert witness was proper given that the information provided did not require specialized knowledge. 		Evidence 9th Mar. 26, 2024
Marriage of Lietz
Trial court properly sustained objection to questions seeking to elicit expert testimony on case-specific fact about which the expert lacked independent knowledge and had not been independently proven by evidence. 		Evidence 4DCA/3 Feb. 9, 2024
Garner v. BNSF Railway Co.
Exclusion of causation experts opining on diesel exhaust exposure was improper because the analytical gap in the data was caused by a lack of scientific research on the subject. 		Evidence 4DCA/1 Jan. 5, 2024
U.S. v. Motley
Warrant obtained using information from a prescription-monitoring program was valid given that defendant had no reasonable expectation of privacy because program was well-established and long-standing. 		Evidence 9th Jan. 2, 2024
Argueta v. Worldwide Flight Services, Inc.
Employee complaints against plaintiff who brought a sexual harassment lawsuit were inadmissible because their substance had minimal relevance to her credibility. 		Evidence 2DCA/8 Dec. 7, 2023
Phillips v. Gordon
Department of Motor Vehicles could not rely on Evidence Code Section 664 test reliability presumption when blood drawing procedure did not follow Vehicle Code section requirements. 		Evidence 1DCA/4 Dec. 1, 2023
Yee v. Panrox International (USA), Inc.
Trial court did not err in determining that house lien overcame general presumption of validity when evidence provided the contrary. 		Evidence 2DCA/8 Nov. 29, 2023
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.