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...

    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
Leavitt v. Arave
Defendant's ineffective assistance of counsel claims fail where defendant could not show that trial counsel's conduct was both deficient and prejudicial.
Criminal Law and Procedure Jun. 11, 2012
The Associated Press v. Otter
First Amendment mandates that media be allowed to witness entire process of inmate's execution.
Constitutional Law Jun. 11, 2012
U.S. v. Grant
Good faith exception to officers' execution of warrant on defendant's home does not apply where officers' reliance on warrant was 'entirely unreasonable.'
Criminal Law and Procedure Jun. 11, 2012
Du v. Allstate Insurance Co.
Insurer's duty of good faith and fair dealing may be premised on insurer's failure to effectuate settlement where insured’s liability was reasonably clear.
Insurance Jun. 11, 2012
United States v. Ferro
Review of excessiveness of fine under Eight Amendment requires consideration of individualized culpability of property’s owner even if not required under statute.
Civil Rights Jun. 11, 2012
Rand v. Board of Psychology
Board of Psychology has jurisdiction to discipline psychologist for unprofessional conduct while he was acting as special master in family law matter.
Administrative Agencies Jun. 11, 2012
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates.
Criminal Law and Procedure Jun. 10, 2012
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim.
Criminal Law and Procedure Jun. 10, 2012
National Meat Association v. Harris
Order
Jun. 10, 2012
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture.
Immigration Jun. 10, 2012
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture.
Immigration Jun. 10, 2012
Riggs v. Prober & Raphael, A Law Corp.
Debt collection letter does not violate Fair Debt Collection Practices Act where letter's language only implicitly demanded written response.
Business Law Jun. 10, 2012
Buckwalter v. State of Nevada Board of Medical Examiners
Members of board of medical examiners are absolutely immune from civil rights liability in exercising summary suspension power because power is analogous to judicial function.
Civil Rights Jun. 10, 2012
People v. Mehserle
Evidence is sufficient to support finding that defendant police officer committed involuntary manslaughter where he claimed he intended to use his taser but instead fired his handgun.
Criminal Law and Procedure Jun. 10, 2012
Cole v. Patricia A. Meyer & Associates APC
Attorneys for plaintiffs cannot avoid liability in malicious prosecution action merely by showing that they took passive role in case as standby counsel.
Attorneys Jun. 10, 2012
Harris v. County of Orange
Lawsuit is not barred on grounds of claim preclusion where plaintiffs in second action sought remedy that was unavailable to party in prior case.
Civil Procedure Jun. 10, 2012
Marriage of Green
Husband's service credit for military service is not separate property when he served in military before marriage, but purchased credits during marriage.
Family Law Jun. 7, 2012
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary because there was no physical intrusion into building.
Criminal Law and Procedure Jun. 7, 2012
People v. Streeter
Record does not support inference of discriminatory purpose in prosecution's peremptory challenges of African-American jurors where prosecution previously accepted jury multiple times with African-American jurors seated.
Criminal Law and Procedure Jun. 7, 2012
Thompson v. Lea
By granting review of state court's order, California Supreme Court reopens direct review for purpose of resetting statute of limitations for filing federal habeas petition.
Criminal Law and Procedure Jun. 7, 2012
Mirmehdi v. United States
Alien’s ‘Bivens’ claim alleging unlawful detention fails because adequate alternative remedies existed and immigration context implicated foreign policy.
Immigration Jun. 7, 2012
Barriga v. Superior Court (People)
Absent evidentiary showing of due diligence in discovering incriminating evidence, defendant is entitled to protection against second prosecution.
Criminal Law and Procedure Jun. 7, 2012
Cullen v. Corwin
Party refusing requests for mediation on grounds of incomplete discovery cannot recover attorney fees under standard form real property purchase agreement.
Real Property Jun. 7, 2012
Neville v. County of Sonoma
County has authority to terminate employment of commissioner and sealer after determining that performance of local tasks and duties is unsatisfactory.
Government Jun. 6, 2012
Sourcecorp Inc. v. Shill
Once debtor has had 30 days to pay for necessities out of exempt earnings, any remainder becomes available to satisfy outstanding obligation to judgment creditor.
Civil Procedure Jun. 6, 2012
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
Order
Jun. 6, 2012
M.M. v. Lafayette School District
Plaintiff is not entitled to immediate judicial review of administrative law judge's interlocutory ruling made before financial decision in Individuals with Disabilities Education Act case.
Education Jun. 6, 2012
Kaahumanu v. State of Hawaii, Dept. of Land and Natural Resources
State's permit requirements for commercial weddings on beaches do not violate First Amendment, except for provision giving absolute discretion to revoke permits.
Constitutional Law Jun. 6, 2012
People v. Lazlo
Previously suppressed evidence may be admitted later in probation violation hearing because exclusionary rule does not apply.
Criminal Law and Procedure Jun. 6, 2012
Xiong v. Felker
Jury misconduct is harmless where consideration of extrinsic evidence is cumulative to evidence already presented in court.
Criminal Law and Procedure Jun. 5, 2012