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. Njoku
Appellate court was entitled to defer to factual findings on the record in concluding that defendant was not entitled to felony murder resentecing. 		Criminal Law and Procedure 3DCA Sep. 5, 2023
People v. Doron
Remand was appropriate for trial court to reconsider motion for pretrial mental health diversion considering new, retroactive legislative presumption that defendant's mental disorder was a significant factor in his crimes. 		Criminal Law and Procedure 4DCA/1 Sep. 5, 2023
People v. Rojas
Penal Code Section 1172.6 provides sentencing courts with discretion to impose parole regardless of excess custody credits. 		Criminal Law and Procedure 2DCA/4 Sep. 5, 2023
U.S. v. Torres-Giles
District court did not err in sentencing defendant to a longer term than his non-binding Type B plea agreement because they appraised him of the agreement's nature. 		Criminal Law and Procedure 9th Sep. 1, 2023
Camacho v. Superior Court (People)
Sexually violent predator's due process rights were not violated despite waiting since 2006 for recomittment trial because the delay was attributable mostly to him or his counsel. 		Criminal Law and Procedure CASC Sep. 1, 2023
Modification: People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 31, 2023
Dept. of Corrections & Rehabilitation v. Superior Court (Escobedo)
Trial court lacked authority to release lifetime parolee on probation after finding that he committed a new criminal offense and should have remanded him to the Department of Corrections and Rehabilitation. 		Criminal Law and Procedure 1DCA/3 Aug. 29, 2023
People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action. 		Criminal Law and Procedure 6DCA Aug. 29, 2023
U.S. v. Pepe
District court did not err in disallowing certain jury instructions regarding defendant's overseas travel to commit sexual acts on children. 		Criminal Law and Procedure 9th Aug. 29, 2023
U.S. v. Taylor
District court did not unconstitutionally delegate its judicial authority by ordering probation officer to supervise defendant's progress in inpatient treatment and grating officer discretion to reduce but not increase duration of his treatment. 		Criminal Law and Procedure 9th Aug. 28, 2023
Burgos v. Madden
Because Confrontation Clause violation did not substantially compromise jury verdict, habeas relief was unavailable. 		Criminal Law and Procedure 9th Aug. 28, 2023
U.S. v. Estrada
District court had jurisdiction over revocation proceedings where the defendant had been on supervised release and had violated its conditions regardless of whether the underlying supervision sentence was lawful. 		Criminal Law and Procedure 9th Aug. 25, 2023
People v. The North River Insurance Co.
Forfeiture of bail bond was not appropriate where bail company located the defendant in Mexico but prosecutors failed to make an extradition decision before end of appearance period. 		Criminal Law and Procedure 2DCA/8 Aug. 22, 2023
People v. Mumin
The concurrent intent (or "kill zone") attempted murder instruction should only be given where there is substantial evidence that supports that defendant intended to kill everyone within a "kill zone." 		Criminal Law and Procedure CASC Aug. 18, 2023
People v. Meza
Order 		Criminal Law and Procedure CASC Aug. 18, 2023
Torres v. Superior Court (People)
Petitioner's Section 170.6 challenge to the judge was properly denied as untimely because her felony murder request for resentencing on remand did not constitute a "new trial." 		Criminal Law and Procedure 3DCA Aug. 17, 2023
People v. Superior Court (Mitchell)
Prosecutors may appeal a trial court's postpreliminary hearing, pretrial order reducing a felony "wobbler" to a misdemeanor because the trial court lacks authority to reduce the charge at that time. 		Criminal Law and Procedure 2DCA/6 Aug. 17, 2023
U.S. v. Eckford
Aiding and abetting an armed robbery under the Hobbs Act is a "crime of violence" that includes a mandatory minimum sentence for using a firearm. 		Criminal Law and Procedure 9th Aug. 16, 2023
U.S. v. Sadler
The provisions and commentary of the U.S. Sentencing Guidelines do not create a right to collaterally attack prior convictions used for sentence enhancement. 		Criminal Law and Procedure 9th Aug. 16, 2023
People v. Gray
A "spontaneous statement" (the hearsay exception) does not automatically satisfy a probationer's due process right of confrontation nor is automatically admissible at a probation revocation hearing. 		Criminal Law and Procedure CASC Aug. 15, 2023
Dorsey v. U.S.
A conviction for witness tampering by attempting to kill necessarily entails an element of using physical force and thus constitutes a "crime of violence". 		Criminal Law and Procedure 9th Aug. 14, 2023
U.S. v. Alahmedalabdaloklah
Statute criminalizing destruction of U.S. government property overcame presumption against extraterritoriality because it criminalized conduct directly harming the government and had foreseeable extraterritorial applications at the time it was passed. 		Criminal Law and Procedure 9th Aug. 10, 2023
People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. 		Criminal Law and Procedure 4DCA/2 Aug. 9, 2023
U.S. v. Dadyan
The court remanded to amend judgment to reflect that defendant's restitution obligation was joint and several with his co-conspirators because the judgment did not reflect the district court's findings that supported such liability. 		Criminal Law and Procedure 9th Aug. 8, 2023
U.S. v. Ayvazyan
District court did not err when it ordered defendant to pay restitution under the Mandatory Victims Restitution Act that exceeded the amount of loss it calculated when applying sentencing guidelines. 		Criminal Law and Procedure 9th Aug. 8, 2023
People v. Vaesau
A district attorney's felony resentencing request under Penal Code Section 1172.1 may be withdrawn if withdrawal is supported by a legitimate reason. 		Criminal Law and Procedure 1DCA/1 Aug. 7, 2023
People v. Del Rio
Resentencing based on redesignating the defendant's vacated murder conviction as a robbery without reasonable advance notice and opportunity to be heard violated his due process rights. 		Criminal Law and Procedure 4DCA/1 Aug. 4, 2023
Brown v. Atchley
Prisoner seeking fourth federal habeas petition did not run afoul of restriction against successive applications because his present claims were not ripe during previous petitions. 		Criminal Law and Procedure 9th Aug. 4, 2023
Modification: People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Aug. 3, 2023
U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. 		Criminal Law and Procedure 9th Aug. 3, 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.