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.
Read Today's Digital Edition
Place Your Legal Notices
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
Jones v. Shinn
Trial counsel's failure to properly investigate alternative theories of death in a murder case is reversible error; counsel must sufficiently investigate the underlying facts necessary to be fully informed. 		Criminal Law and Procedure 9th Dec. 2, 2019
People v. Jennings
Burglary and shoplifting are two distinct offenses; Proposition 47 requires the People to prove intent to take an item worth more than $950 to garner a commercial burglary conviction. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2019
People v. Belloso
Requiring indigent defendants to pay court fees and fines violates due process; the sentencing court must hold an ability-to-pay hearing to determine whether the payment is feasible. 		Criminal Law and Procedure 2DCA/7 Nov. 29, 2019
People v. Gaynor
Because defendant's crimes of using personal identification information of another and possessing check with intent to defraud were temporally distinct, trial court was not required to stay execution of sentence. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2019
In re Parrish
A felony murder defendant's knowledge that his co-defendants were gang members and carrying guns renders him a LWOP or death-penalty eligible major participant in the underlying offense. 		Criminal Law and Procedure 2DCA/8 Nov. 29, 2019
People v. Drayton
Substantial evidence supported verdict convicting defendant of assault by means of force likely to cause great bodily injury after defendant bear-hugged his ex-girlfriend and held her over train tracks as train approached. 		Criminal Law and Procedure 1DCA/5 Nov. 27, 2019
U.S. v. Gobert
Assault with a dangerous weapon described in 18 U.S.C. Section 113(a)(3) is a crime of violence under 18 U.S.C. Section 924(c)(3)(A). 		Criminal Law and Procedure 9th Nov. 27, 2019
People v. Rhoades
Although defendant's constitutional right to confront his witness was violated, the violation did not affect the jury's verdict because other evidence more strongly tied the murder to defendant's truck. 		Criminal Law and Procedure CASC Nov. 26, 2019
People v. Wilson
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement. 		Criminal Law and Procedure 2DCA/3 Nov. 25, 2019
People v. Krebs
A defendant must specifically articulate that evidence is being admitted to show an inconsistent prosecutorial theory; if not, appellant must wait until habeas to bring a due process challenge. 		Criminal Law and Procedure CASC Nov. 22, 2019
People v. Liu
Under 'People v. Romanowki' inquiry, Court of Appeal conflated value of access card information itself with value of property obtained through use of stolen access card information. 		Criminal Law and Procedure CASC Nov. 22, 2019
People v. Lamoureux
Penal Code Section 1170.95, as amended by Senate Bill 1437, did not unconstitutionally amend Proposition 7 or Proposition 115, nor did Section 1170.95 violate separation of powers principles. 		Criminal Law and Procedure 4DCA/1 Nov. 21, 2019
Amended Opinion: People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. 		Criminal Law and Procedure 4DCA/2 Nov. 21, 2019
People v. Lopez
Court applied Senate Bill 136 to strike one-year enhancements under Penal Code Section 667.5(b) and agreed that defendant's three-year enhancement under Health and Safety Code Section 11370.2 must be stricken. 		Criminal Law and Procedure 5DCA Nov. 21, 2019
People v. Cutting
A criminal defendant's right to be personally present at trial extends to all critical stages of the criminal prosecution, including the resentencing hearing. 		Criminal Law and Procedure 2DCA/2 Nov. 21, 2019
People v. Singh
Trial court properly instructed jury with CALCRIM No. 1201, substantial evidence supported defendant lacking a lawful purpose for his actions, and defendant moved the child a substantial distance under the circumstances. 		Criminal Law and Procedure 1DCA/3 Nov. 20, 2019
Bracamontes v. Superior Court
Under Penal Code Section 1054.9, a defendant sentenced to death who is prosecuting a post-conviction habeas corpus petition may not seek discovery of relevant evidence in the possession of individuals. 		Criminal Law and Procedure 4DCA/1 Nov. 19, 2019
People v. Gangl
Proposition 36 grants the trial court discretion to allow multiple serious and violent felony sentences to be served concurrently if the felonies arise from the same set of operative facts. 		Criminal Law and Procedure 3DCA Nov. 18, 2019
U.S. v. Ped
Police may conduct a warrantless search of a home when they had probable cause that a parolee lived at the residence and his parole officer did not notify them otherwise. 		Criminal Law and Procedure 9th Nov. 18, 2019
People v. Tran
Exigent circumstances supported seizure of defendant's vehicle dash camera when facts suggested it contained evidence of reckless driving and defendant's conduct indicated he would attempt to destroy its contents. 		Criminal Law and Procedure 4DCA/1 Nov. 15, 2019
Gardner v. Superior Court
The Superior Court is not authorized to appoint the county Public Defender to represent misdemeanor appellees; trial level representation does not continue on appeal except at the Public Defender's discretion. 		Criminal Law and Procedure 4DCA/2 Nov. 14, 2019
Evans v. Shiomoto
A traffic stop on an unpaved dirt road is lawful if the officer conducting the stop has reasonable suspicion the driver is in violation of a Vehicle Code provision. 		Criminal Law and Procedure 4DCA/1 Nov. 14, 2019
Amended Opinion: Szonyi v. Barr
The Board of Immigration Appeals is not foreclosed from interpreting the text of 8 U.S.C. Section 1227(a)(2)(A)(ii) so long as the interpretation is 'reasonable.' 		Criminal Law and Procedure 9th Nov. 14, 2019
People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851. 		Criminal Law and Procedure 4DCA/2 Nov. 13, 2019
Aslam v. Superior Court
Prosecution of knowingly making false statement in document filed with DMV after defendant was acquitted of perjury does not offend principles of double jeopardy because they are separate offenses. 		Criminal Law and Procedure 1DCA/4 Nov. 12, 2019
People v. Schmidt
Recording a deed acquired through fraud does not render the deed 'false' or 'forged' within the meaning of Penal Code Section 115. 		Criminal Law and Procedure 3DCA Nov. 12, 2019
In re Cobbs
First degree murder conviction under natural and probable consequences theory is invalid; remedy is to reverse conviction, and allow prosecution to retry first degree count, or reduce conviction to second degree murder. 		Criminal Law and Procedure 3DCA Nov. 12, 2019
People v. Ramirez
Under Penal Code Section 1170.95 if there is a prior finding that the petitioner was not a major participant in the felony, the court is required to vacate the conviction. 		Criminal Law and Procedure 2DCA/2 Nov. 8, 2019
People v. Stringer
Jury instruction for aggravated kidnapping to commit extortion or exact money or property from another person contained prejudicial legal error permitting jury to find defendant guilty of charged offenses on legally invalid basis. 		Criminal Law and Procedure 4DCA/1 Nov. 8, 2019
People v. Superior Court (Couthren)
No implied exception to the hearsay rule exists with respect to expert evaluation reports at sexually violent predator probable cause hearings in light of 'People v. Sanchez.' 		Criminal Law and Procedure 1DCA/1 Nov. 8, 2019
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.