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. Vasquez
Although rape is lesser included offense of aggravated sexual assault by means of rape, it carries longer prison term; thus, defendant's conviction for rape would stand, while the other was vacated. 		Criminal Law and Procedure 5DCA Apr. 19, 2021
Modification: People v. Brugman
Trial court properly refused defense counsel's proffered pinpoint instruction because it was potentially confusing at best, and, at worst, an incorrect statement of the law. 		Criminal Law and Procedure 4DCA/1 Apr. 19, 2021
Modification: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. 		Criminal Law and Procedure CASC Apr. 16, 2021
People v. McCloud
Trial court properly denied petitioner's subsequent petition for conditional release after determining his condition as a sexually violent predator had not changed. 		Criminal Law and Procedure 1DCA/2 Apr. 14, 2021
U.S. v. Koziol
Threats of sham litigation, which are made to obtain property to which defendant knows he has no lawful claim, are 'wrongful' under Hobbs Act. 		Criminal Law and Procedure 9th Apr. 14, 2021
People v. Wilson
Witness identifying defendant based on his smirky grin was not unduly suggestive because nothing made defendant 'stand out' from the other men depicted. 		Criminal Law and Procedure CASC Apr. 13, 2021
U.S. v. Ghanem
Because jury could reasonably find that defendant's arrest in Greece was connected to alleged offense, district court's instruction misstated the law. 		Criminal Law and Procedure 9th Apr. 13, 2021
Amended Opinion: U.S. v. Grimaldo
District court plainly erred by failing to determine whether defendant's possession of gun emboldened his possession of narcotics for purposes of four-level weapon enhancement. 		Criminal Law and Procedure 9th Apr. 13, 2021
In re Viehmeyer
Section 32(a) of Article 1 of California Constitution does not permit early parole consideration for those serving terms for both violent and nonviolent felonies. 		Criminal Law and Procedure 4DCA/3 Apr. 8, 2021
Shuler v. City of Los Angeles
Civil rights plaintiffs who lost in federal court are barred from pursuing equivalent state law claims in a second suit in state court. 		Criminal Law and Procedure 2DCA/8 Apr. 7, 2021
In re Woods
Excluding One Strike offenders from youth offender parole hearings violates equal protection because such procedures are generally available to similarly situated offenders and no rational basis exists. 		Criminal Law and Procedure 2DCA/1 Apr. 6, 2021
People v. Brugman
Trial court properly refused defense counsel's proffered pinpoint instruction because it was potentially confusing at best, and, at worst, an incorrect statement of the law. 		Criminal Law and Procedure 4DCA/1 Apr. 1, 2021
Modification: People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt. 		Criminal Law and Procedure 5DCA Mar. 31, 2021
People v. Abelino
Person of ordinary prudence could have entertained reasonable suspicion that mayhem, battery, and assault were natural and probable consequences of target crime of riot. 		Criminal Law and Procedure 1DCA/4 Mar. 31, 2021
Mays v. Hines
Federal appellate court improperly disregarded overwhelming evidence of defendant's guilt which supported state court's conclusion and instead focused on alternative suspect. 		Criminal Law and Procedure USSC Mar. 30, 2021
People v. Pettigrew
Trial court erred by instructing jury on 'flight' instruction because defendant was found in bed, but error was harmless. 		Criminal Law and Procedure 4DCA/2 Mar. 29, 2021
People v. Southard
Trial court's use of language from a case involving a motion to suppress as a basis for a special jury instruction was improper. 		Criminal Law and Procedure 1DCA/2 Mar. 26, 2021
People v. Moine
Trial court abused its discretion in finding diversion would pose an unreasonable risk of danger to public safety. 		Criminal Law and Procedure 2DCA/1 Mar. 26, 2021
In re Humphrey
Common practice of conditioning freedom solely on whether arrestee can afford bail is unconstitutional. 		Criminal Law and Procedure CASC Mar. 26, 2021
People v. Tran
Eleven-year span between filing of Sexually Violent Predators Act petition and retrial did not violate defendant's due process right because continuances requested by defense benefited him. 		Criminal Law and Procedure 2DCA/2 Mar. 25, 2021
People v. Curry
Defendant may ask trial court for mental health diversion under Penal Code Section 1001.36 until sentencing and entry of judgment. 		Criminal Law and Procedure 3DCA Mar. 24, 2021
People v. Miranda
Trial court was required to instruct jury on battery as lesser included offense as to one of defendant's crimes, oral copulation of an unconscious person. 		Criminal Law and Procedure 4DCA/2 Mar. 22, 2021
People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt. 		Criminal Law and Procedure 5DCA Mar. 22, 2021
People v. Paredes
Sufficient evidence supported defendant's convictions for offering or delivering compensation for workers' compensation patient referrals. 		Criminal Law and Procedure 4DCA/1 Mar. 16, 2021
Walden v. Shinn
District court properly denied petitioner habeas relief as to his claim based on trial court's denial of his motion to sever the counts by victim. 		Criminal Law and Procedure 9th Mar. 15, 2021
People v. Sommer
Defendant psychologist tricked his patient into allowing him to touch her breast on pretext it served professional purpose; thus, defendant's conviction for sexual battery by fraudulent representation was affirmed. 		Criminal Law and Procedure 1DCA/3 Mar. 10, 2021
People v. Hawara
Because witnesses offered opinion testimony to defendant's good character, prosecutor properly cross-examined witnesses on whether their opinion regarding defendant's character would change if they knew of defendant's instances of bad character. 		Criminal Law and Procedure 4DCA/2 Mar. 10, 2021
People v. Williams
While a continuance would cause some amount of inconvenience, a defendant's constitutional right to chosen counsel must be respected. 		Criminal Law and Procedure 4DCA/1 Mar. 8, 2021
U.S. v. Rundo
The Anti-Riot Act prohibition against the advocacy of imminent riots held not constitutionally overbroad in violation of the First Amendment. 		Criminal Law and Procedure 9th Mar. 5, 2021
U.S. v. Thompson
A forfeiture under 18 U.S.C. Section 981 cannot be extended beyond the tainted property and proceeds traceable to it. 		Criminal Law and Procedure 9th Mar. 4, 2021
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.