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
In re the Recall of Cathy Pearsall-Stipek
Petition to recall county auditor is factually and legally sufficient as to false swearing allegation.
Criminal Law and Procedure May 17, 2001
State v. Root
Proper 'unit of prosecution' for sexual exploitation of minor is per photo session, per minor involved in each session.
Criminal Law and Procedure May 17, 2001
City of Kennewick v. Day
Evidence of defendant's reputation for sobriety is admissible to show defendant's lack of intent to possess or use drugs.
Criminal Law and Procedure May 17, 2001
State v. Williams
'Automatic standing' doesn't apply where defendant challenges officer's entry into third-party's residence, but contraband found during lawful search of person incident to arrest.
Criminal Law and Procedure May 17, 2001
Personal Restraint Petition of Davis
Accused may be convicted of two counts of possession with intent to manufacture where accused had two, wholly self-contained marijuana grow operations.
Criminal Law and Procedure May 17, 2001
Sebastian v. Department of Labor & Industries
Victims Compensation Act Collateral benefits received by criminal assault victim should be deducted from his total damages rather than from $30,000 statutory cap.
Criminal Law and Procedure May 17, 2001
Elliott v. Williams
Conviction stands despite attorney's failure to present defense and admission of confession made under influence of heroin.
Criminal Law and Procedure May 16, 2001
Benson v. Martin
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Mock
Order
Criminal Law and Procedure May 16, 2001
Juda v. Nerney
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Saucedo
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Saenz
Order
Criminal Law and Procedure May 16, 2001
State of Washington v. Roberts
Major participation in events leading to homicide required to sustain death penalty verdict where defendant acted only as accomplice
Criminal Law and Procedure May 16, 2001
People v. Han
Circumstantial evidence may be used to prove that defendant conspired with others to murder her twin sister.
Criminal Law and Procedure May 16, 2001
U.S. v. Enas
Defendant may be tried in federal court even though previously tried for same conduct in Indian tribal court.
Criminal Law and Procedure May 16, 2001
People v. Duncan
Under "two preliminary hearings" rule, court must set aside information where it's subsequently determined that defendant was incompetent at time of preliminary hearing.
Criminal Law and Procedure May 16, 2001
People v. O'Neal
Jury may consider defendant's prior sexual offenses without violating defendant's due process rights.
Criminal Law and Procedure May 16, 2001
F.J. Hanshaw Enterprises, Inc. v. Emerald River Development, Inc.
Criminal sanction imposed by court for bribery of court-appointed receiver in partnership dissolution denied guilty party procedural protections guaranteed by Constitution.
Criminal Law and Procedure May 16, 2001
U.S. v. Walton
Order
Criminal Law and Procedure May 16, 2001
Truelove v. Smith
Order
Criminal Law and Procedure May 16, 2001
U.S. v. Ekpeti
Order
Criminal Law and Procedure May 16, 2001
State v. Taylor
Fourth-degree assault complaint must sufficiently allege intentional acts that constitute assault.
Criminal Law and Procedure May 16, 2001
In re Crabtree
Change in law after conviction does not justify grant of personal restraint petition.
Criminal Law and Procedure May 16, 2001
U.S. v. Gardner
Judge's failure to instruct jury that uncorroborated accomplice testimony must be viewed with caution and care is reversible error.
Criminal Law and Procedure May 16, 2001
McCarver v. North Carolina
Court to decide if execution of man with mental age of 10-year old is cruel and unusual punishment.
Criminal Law and Procedure May 16, 2001
La Crosse v. Kernan
Denial of habeas petition not due to state procedural default, but rather Defendant's presence during readback to jury isn't fundamental right.
Criminal Law and Procedure May 16, 2001
U.S. v. Galindo-Gallegos
Among other things, preliminary questioning of suspects in public setting prior to arrest, does not constitute custodial interrogation.
Criminal Law and Procedure May 16, 2001
Dillard v. Roe
Judge violated defendant's constitutional rights by imposing sentence enhancements without jury finding that he personally used firearm.
Criminal Law and Procedure May 16, 2001
Dictado v. Ducharme
Federal statute's one year statute of limitations period is tolled while habeas petitioner's personal restraint petition is pending in state court.
Criminal Law and Procedure May 16, 2001
U.S. v. Lopez-Pastrana
Defendant's sentence for illegally re-entering country was improperly increased for previous conviction for shoplifting.
Criminal Law and Procedure May 16, 2001