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
People v. Perez
Because impoundment of defendant's vehicle was not supported by a legitimate community caretaking function, subsequent vehicle search for inventory violated the Fourth Amendment, requiring suppression of evidence obtained from search.
Criminal Law and Procedure, Evidence 6DCA Mar. 23, 2026
Meiner v. Superior Court (People)
Warrant lacked probable cause where affidavit omitted probation condition barring "financial account" searches and relied on Apple Pay evidence.
Criminal Law and Procedure, Evidence 4DCA/3 Mar. 20, 2026
People v. Jones
Trial court erred by finding a *Cruz* violation based solely on uncertified court documents.
Criminal Law and Procedure 2DCA/6 Mar. 19, 2026
People v. Dunn
Failure to instruct jury regarding sufficiency of circumstantial evidence to support defendant's guilt was harmless error where the circumstantial evidence strongly supported the defendant's guilt.
Criminal Law and Procedure 1DCA/4 Mar. 18, 2026
People v. Riggs
Temporary suspension from the California State Bar for purported noncompliance with CTAPP reporting requirements did not render counsel per se constitutionally ineffective.
Criminal Law and Procedure, Attorneys 4DCA/1 Mar. 18, 2026
People v. Anderson
Phone evidence was admissible where, despite a possible technical violation of the California Electronic Communications Privacy Act, officers relied in good faith that participant's mother was an "authorized possessor."
Criminal Law and Procedure, Evidence 6DCA Mar. 17, 2026
U.S. v. Torres-Gonzalez
Because defendant's prior false-statement conviction resulted in a 35-month sentence triggering an eight-level enhancement, grouping with an illegal-reentry count did not negate the sentence.
Criminal Law and Procedure 9th Mar. 17, 2026
People v. Valencia
Trial court committed sentencing errors in calculating defendant's consecutive determinate sentences by failing to apply Penal Code section 1170.1's one-third middle-term rule.
Criminal Law and Procedure 2DCA/8 Mar. 12, 2026
U.S. v. Tekola
Because substantial evidence showed defendant used his apartment as the central hub of an ongoing drug trafficking operation, sentencing enhancement allowing for an above-Guidelines sentence was proper.
Criminal Law and Procedure 9th Mar. 10, 2026
People v. Superior Court (Taylor)
Trial court erroneously granted defendant mental health diversion, where it made no express finding that he would not pose an unreasonable risk to the public, and where the record reasonably indicated otherwise.
Criminal Law and Procedure 2DCA/1 Mar. 9, 2026
People v. Uceda
Failure to instruct jury on lesser included offense that was supported by the evidence in the record was error that required reversal.
Criminal Law and Procedure 1DCA/1 Mar. 9, 2026
Amended Opinion: Jones v. City of North Las Vegas
Though officers' warrantless backyard entry was unlawful due to their tardiness in pursuing fleeing suspect, individual officer's shooting of attacking dogs after entry was entitled to qualified immunity.
Criminal Law and Procedure, Immunity 9th Mar. 9, 2026
People v. Nelson
Appeal from denial of mental health diversion was without merit where it was based on facts expressly not credited by the trial court.
Criminal Law and Procedure 2DCA/6 Mar. 6, 2026
People v. Gonzalez
Based on aggravating factors relating to defendant's prior convictions and criminal history, trial court had statutory and constitutional authority to impose upper-term sentences under Penal Code section 1170(b).
Criminal Law and Procedure 5DCA Mar. 2, 2026
People v. Morgan
Assault is not a lesser included offense of resisting an officer because resisting an officer does not require any present ability to cause injury.
Criminal Law and Procedure CASC Feb. 27, 2026
Villarreal v. Texas
A qualified conferral order that prohibits only discussion of the defendant's testimony for its own sake during a mid-testimony overnight recess does not violate the Sixth Amendment.
Constitutional Law, Criminal Law and Procedure USSC Feb. 26, 2026
U.S. v. Motley
Aggravated identity theft sentence vacated where government failed to show defendant's use of relatives' names was the crux of defendant's Medicare fraud scheme.
Criminal Law and Procedure, Health Care 9th Feb. 25, 2026
In re Lynex
Trial court erred by requiring petitioner to make a prima facie showing of entitlement to relief under the Racial Justice Act to secure appointment of counsel.
Criminal Law and Procedure 2DCA/1 Feb. 23, 2026
U.S. v. Castro Alavez
District court erroneously instructed jury that the government need not prove defendant's intent to possess a specified drug and quantity for the purposes of 21 U.S.C. section 841(b)(1).
Criminal Law and Procedure 9th Feb. 23, 2026
Flareau v. Superior Court (People)
Trial court erroneously denied mental health diversion, where defendant's conduct was motivated by both his mental health diagnoses and another factor the court deemed "more motivating."
Criminal Law and Procedure 4DCA/2 Feb. 20, 2026
People v. Gutierrez
Enhancement for arson committed in area proclaimed to be in state of emergency not supported by evidence where People failed to provide proof regarding the geographical scope of the proclamation.
Criminal Law and Procedure 4DCA/1 Feb. 19, 2026
Bishop v. San Diego County Employees Retirement Assn.
Former public employee's public benefits could be forfeited after he pleaded guilty to felony charge despite trial court reducing his conviction from felony to misdemeanor.
Government, Criminal Law and Procedure 4DCA/1 Feb. 19, 2026
People v. T.B.
Penal Code section 2679 does not require a surrogate decisionmaker's consent before the court may make a finding that would authorize electroconvulsive therapy on defendants who lack capacity to consent.
Criminal Law and Procedure 4DCA/2 Feb. 19, 2026
U.S. v. Ho-Romero
District court erred in applying the obstruction of justice enhancement without making the requisite "willful" mens rea finding--i.e., that defendant acted with the purpose of obstructing justice.
Criminal Law and Procedure 9th Feb. 19, 2026
U.S. v. Brandenburg
A non-public-facing security response to a threat may qualify as a "substantial disruption of governmental functions" under U.S. Sentencing Guideline 2A6.1(b)(4)(A).
Criminal Law and Procedure 9th Feb. 18, 2026
People v. Alston
Trial court's failure to provide any reasons at all for overruling defense objection to peremptory challenge based on presumptively invalid reasons required reversal.
Criminal Law and Procedure 1DCA/5 Feb. 18, 2026
Modification: People v. Dixon
Defendant's grand jury transcripts were not admissible under Penal Code section 1172.6(d)(3)'s hearsay exception.
Criminal Law and Procedure, Evidence 5DCA Feb. 17, 2026
People v. Diaz
Trial court was not required to consider criminal defendant's youth during resentencing proceedings where it determined she was a direct aider and abettor who acted with intent to kill.
Criminal Law and Procedure 2DCA/1 Feb. 12, 2026
People v. Flores
Probation condition permitting warrantless searches of drug-possession-for-sale defendant's electronic devices and requiring disclosure of passwords was not overbroad.
Criminal Law and Procedure 1DCA/2 Feb. 12, 2026
People v. Zapata
Known law enforcement officer's continuing pressure for custodial undercover operation into suspect who had invoked his Miranda rights amounted to a custodial interrogation and rendered incriminating statements inadmissible.
Criminal Law and Procedure 4DCA/1 Feb. 11, 2026