Judge Daniel J. Lowenthal

Judge Daniel J. Lowenthal sits on the Los Angeles Superior Court and has presided over notable criminal matters in the Long Beach area. Two documented cases reveal concrete patterns in his judicial conduct. First, in September 2022, he declared a mistrial in a McDonald's armed robbery case after observing that the defendant appeared sleepy in court — a decision that drew national media coverage and demonstrates his attentiveness to courtroom conduct and his willingness to take decisive procedural action based on in-court observations. Second, in August–September 2023, he denied a resentencing petition for a man convicted of killing an off-duty Long Beach deputy in 2006, and this denial prompted a disqualification attempt against him by a fellow judge — a sequence of events that demonstrates his willingness to hold firm on rulings even when facing institutional pressure from peers. The two documented cases, taken together, reflect a judge who enforces procedural and courtroom standards strictly and who does not retreat from substantive rulings under pressure. In the resentencing context, his denial of relief despite a peer-initiated disqualification effort signals that he applies the law as he reads it without deferring to external pressure. Attorneys handling criminal matters — particularly resentencing petitions or cases involving courtroom conduct issues — should treat these documented patterns as meaningful data points when preparing for appearances before Judge Lowenthal.

Attorneys appearing before Judge Lowenthal in criminal matters should be prepared for a judge who monitors courtroom conduct closely and acts on what he observes. The 2022 mistrial declaration based on a defendant's demeanor is a documented example of Judge Lowenthal taking unilateral procedural action in response to in-court observations. Defense counsel should ensure their clients are alert, engaged, and visibly attentive throughout proceedings. Any sign of disengagement by a party or witness could draw judicial intervention. For resentencing petitions and post-conviction relief matters, the 2023 record is instructive. Judge Lowenthal denied resentencing for a serious violent offender and maintained that ruling even when a fellow judge sought his disqualification. Attorneys seeking resentencing relief before him should arrive with the strongest possible statutory and factual record, and should not assume that peer or institutional pressure will influence the outcome. Arguments grounded in clear statutory eligibility and supported by detailed factual records are the appropriate approach. Attorneys should not rely on sympathy-based or policy-driven arguments without a firm legal foundation, as the documented record does not support the view that such arguments have succeeded before him.

• critical

  Prepare Defendant and Witnesses for Courtroom Demeanor

  Judge Lowenthal declared a mistrial in 2022 based on a defendant appearing sleepy. Defense counsel must brief clients and witnesses on the importance of appearing alert and engaged throughout all proceedings.

• critical

  Build a Statutory-First Resentencing Record

  For any resentencing or post-conviction relief petition, construct the argument around clear statutory eligibility criteria with detailed factual support. The 2023 denial record indicates that weak or policy-driven petitions will not succeed.

• important

  Anticipate No Retreat on Adverse Rulings

  Once Judge Lowenthal rules, the documented record shows he maintains his position even under significant pressure. Attorneys should exhaust all arguments before the ruling rather than relying on reconsideration.

• important

  Review Media-Covered Cases for Procedural Patterns

  Both documented cases received significant media coverage. Reviewing those published accounts can provide additional procedural context for how Judge Lowenthal managed those proceedings.

• ›Ensure your client is visibly alert and engaged at all times — Judge Lowenthal has declared a mistrial based on a defendant's sleepy appearance and actively monitors courtroom demeanor.
• ›Do not assume that pressure from outside the courtroom, including from other judicial officers, will influence Judge Lowenthal's rulings — the 2023 record documents that he maintains his positions under such pressure.
• ›Treat procedural compliance as a priority — the mistrial declaration in 2022 reflects a judge who enforces courtroom standards without hesitation.
• ›Arrive fully prepared on the merits; the documented record does not support the view that this judge responds favorably to incomplete or underprepared presentations.