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U.S. v. Engel
Defendant was not defiant and did not engage in blatantly outrageous conduct; thus, facts did not support district court's termination of his right to represent himself.
Criminal Law and Procedure 9th Aug. 7, 2020
U.S. v. Bundy
District court's judgment dismissing indictment with prejudice as a remedy for the government's egregious and prejudicial misconduct in violation of 'Brady v. Maryland' was affirmed.
Criminal Law and Procedure 9th Aug. 7, 2020
Valenzuela Gallardo v. Barr
8 U.S.C. Section 1101(a)(43)(S), which describes an aggravated felony 'offense relating to obstruction of justice,' requires a nexus to an ongoing or pending proceeding or investigation.
Immigration 9th Aug. 7, 2020
Graylee v. Castro
Liquidated damages clause is unenforceable 'if it bears no reasonable relationship to the range of actual damages the parties anticipated would flow from a breach.'
Remedies 4DCA/3 Aug. 6, 2020
People v. Lawson
Witnesses are unavailable when they are absent from the hearing and the proponent of their statement has exercised reasonable diligence, but is unable to compel their attendance.
Criminal Law and Procedure 1DCA/3 Aug. 6, 2020
People v. Barton
Defendant's blanket waiver of her appeal rights did not preclude her from seeking retroactive application of Senate Bill 180, which eliminates three-year enhancements for most drug-related prior convictions.
statutory_interpretation 5DCA Aug. 6, 2020
People v. Galvan
Proper remedy for challenging special circumstance finding is by petition for habeas corpus, not petition for resentencing under Penal Code Section 1170.95
Criminal Law and Procedure 2DCA/1 Aug. 6, 2020
Modification: Abatti v. Imperial Irrigation District
Irrigation District abused its discretion in how it prioritized water apportionment among categories of water users in 2013 Equitable Distribution Plan.
Water Rights 4DCA/1 Aug. 6, 2020
People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members.
Criminal Law and Procedure 4DCA/1 Aug. 5, 2020
Little v. Reclaim Idaho
An application for stay presented to Justice Kagan and by her referred to the Court is granted. The District Court in this case ordered Idaho either to certify an initiative for inclusion on the ballot without the requisite number of signatures, or to allow the initiative sponsor additional time to gather signatures through an online process of solicitation and submission never before used by the State.
Administrative Agencies USSC Aug. 5, 2020
Trump v. Sierra Club
Order
USSC Aug. 5, 2020
Rallo v. O'Brian
Trustor was not prevented from expressing his intent to disinherit potential heirs living at the time--even if unknown to trustor--by including general disinheritance clause in his trust.
probate_and_trusts 2DCA/3 Aug. 5, 2020
In re M.P.
Juvenile court erred in continuing hearing six months beyond the time period allowed by statute as modified by emergency order.
Juveniles 2DCA/5 Aug. 5, 2020
People v. Cole
Procedures set forth in 'People v. Wende' are inapplicable to appeals concerning denial of postconviction relief, regardless of defendants' rights to appointed counsel.
Criminal Law and Procedure 2DCA/2 Aug. 5, 2020
People v. Nash
Trial court erred in finding that Senate Bill No. 1437 unconstitutionally amended Proposition 7.
statutory_interpretation 5DCA Aug. 5, 2020
In re Febbo
California Constitution does not permit California Department of Corrections and Rehabilitation to adopt regulations making inmates ineligible for early parole consideration based solely on nonviolent felony conviction.
statutory_interpretation 4DCA/3 Aug. 5, 2020
Regents of the University of California v. U.S. Dept. of Homeland Security
Order
9th Aug. 5, 2020
U.S. v. U.S. ex rel Thrower
Interests implicated by erroneous denial of government motion to dismiss False Claims Act case in which it has not intervened were insufficiently important to justify immediate appeal.
Civil Procedure 9th Aug. 5, 2020
Hanson v. Shubert
Defendants could not use their motion for reconsideration, filed nearly one year after underlying order, to resurrect their right to appeal district court's order denying them qualified immunity.
Civil Procedure 9th Aug. 5, 2020
Tobler v. Sables LLC
Request for judicial relief under Nevada's Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender's conduct in foreclosure mediation process.
Civil Procedure 9th Aug. 5, 2020
Lopez v. Ledesma
Order
CASC Aug. 4, 2020
Ixchel Pharma LLC v. Biogen Inc.
Tortious interference with at-will contracts requires independent wrongfulness.
Torts CASC Aug. 4, 2020
Wilde v. City of Dunsmuir
City's water rates fall within exemption for tax levies under Article II, Section 9(a) of California Constitution and therefore were not subject to referendum process.
Tax CASC Aug. 4, 2020
In re S.P.
Department of Children and Family Services failed to act with due diligence in notifying father of jurisdiction but error was harmless.
Dependency 2DCA/5 Aug. 4, 2020
People v. Herrera
Defendant's three prior prison term enhancements were reversed because Penal Code Section 667.5(b) was amended and only applies if defendant's prior prison term was for a sexually violent offense.
statutory_interpretation 6DCA Aug. 4, 2020
U.S. v. Kuzma
Defendant's convictions for possession of machinegun and possession of unregistered machinegun were improperly multiplicitous.
Criminal Law and Procedure 9th Aug. 4, 2020
Ashker v. Newsom
A district court must specially designate a magistrate judge's authority to enter a final order.
Constitutional Law 9th Aug. 4, 2020
Ashker v. Newsom
Department of Corrections and Rehabilitation did not violate settlement agreement with prisoners when it limited inmate group's direct physical contact during yard time.
Contracts 9th Aug. 4, 2020
Mather Bobka v. Toyota Motor Credit Corp.
Debtors' lease assumptions survive discharge even if they are not reaffirmed under 11 U.S.C. Section 524(c).
Bankruptcy 9th Aug. 4, 2020
Davidson v. O'Reilly Auto Enterprises
District court did not abuse its discretion by requiring plaintiff to meet deadline for filing her motion for class certification while granting her additional month to develop evidence and submit supplemental brief.
Civil Procedure 9th Aug. 4, 2020