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Rose v. Guyer
Certificate of appealability is required to challenge orders denying a motion to enforce a conditional writ of habeas corpus.
Criminal Law and Procedure 9th Jun. 19, 2020
Organic Cannabis Foundation v. Commissioner of Internal Revenue
Petitions could not be deemed timely under Internal Revenue Code mailbox rule because particular FedEx service used was not on IRS's formal list of designated delivery services.
Tax 9th Jun. 19, 2020
Staten v. Davis
Even though trial counsel was deficient for failing to present testimony that gang members appeared to claim credit for murders, there was compelling evidence of petitioner's guilt.
Criminal Law and Procedure 9th Jun. 19, 2020
Rogers v. Grewal
Order
USSC Jun. 18, 2020
Baxter v. Bracey
Order
USSC Jun. 18, 2020
Verrazono v. Gehl Company
'Ordinary consumers expectations' test is not applicable where expert testimony will be essential to assist jury in understanding pros and cons of plaintiff's arguments.
Torts 1DCA/1 Jun. 18, 2020
In re Brownlee
Prisoners are not entitled to youth offender parole hearing if they are already eligible for parole under other applicable laws.
statutory_interpretation 5DCA Jun. 18, 2020
People v. Howard
Penal Code Section 1170.95 permits court to redesignate defendant's felony-murder conviction to underlying felony, and does not direct court to impose the lesser degree.
Criminal Law and Procedure 1DCA/5 Jun. 18, 2020
In re Rayford
Kill zone theory was improperly instructed because it was reasonable to infer that shooters fired on house to scare occupants, with conscious disregard of risk of serious injury for those around.
Criminal Law and Procedure 2DCA/7 Jun. 18, 2020
Gutierrez v. Brand Energy Services of California
Trial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time.
Employment Law 1DCA/3 Jun. 18, 2020
People v. Cole
Trial court erred in placing defendant on two separate but concurrent grants of probation based on separate offenses rather than on one grant of probation based on his aggregate sentence.
Criminal Law and Procedure 1DCA/3 Jun. 18, 2020
People v. Albert
Although defendant's sibling approached juror, there was no evidence sibling conveyed any communication about case's merits; thus, there was no reasonable probability of prejudice.
Criminal Law and Procedure 4DCA/2 Jun. 18, 2020
Murray v. BEJ Minerals
Under Montana law, dinosaur fossils do not constitute 'minerals' for purpose of mineral reservation and thus, belong to surface estate.
statutory_interpretation 9th Jun. 18, 2020
Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision.
Remedies 9th Jun. 18, 2020
People v. Johnson
Evidence of marijuana in car does not provide certainty the car contains contraband to justify Fourth Amendment search.
Criminal Law and Procedure 3DCA Jun. 17, 2020
Davis v. Superior Court (Sathre)
Trial court violated California Rules of Court by not ensuring complete record of proceedings and prohibiting indigent plaintiff from appearing telephonically.
Civil Procedure 2DCA/7 Jun. 17, 2020
Pacifica First National, Inc. v. Abekasis
Movants to set aside defaults based on improper service have burden to prove apparently-proper document was invalid.
Civil Procedure 2DCA/8 Jun. 17, 2020
People v. Jones
If the court elects to dismiss a juror, the court's inquiry must be sufficient to support the dismissal.
Criminal Law and Procedure 1DCA/5 Jun. 17, 2020
AIDS Healthcare Foundation v. City of Los Angeles
Trial court correctly found plaintiff could not assert cause of action under FHA and FEHA based on its alleged disparate-impact theory of liability.
Civil Procedure 2DCA/3 Jun. 17, 2020
Segal v. ASICS America Corp.
Plaintiffs did not show trial court abused its discretion in granting in part and denying in part their motion to tax costs.
Civil Procedure 2DCA/4 Jun. 17, 2020
Zweizig V. Rote
Order
9th Jun. 17, 2020
U.S. v. Jaycox
California Penal Code Section 261.5(c) which criminalizes consensual intercourse between twenty-one-year-old and someone nearly eighteen did not relate to abusive sexual conduct involving minor for purposes of sentencing enhancement.
Criminal Law and Procedure 9th Jun. 17, 2020
Cordoba v. Barr
'Wealthy landowners' in Colombia do not constitute a cognizable particular social group for purposes of asylum and withholding of removal.
Immigration 9th Jun. 17, 2020
Emerson Electric Co. v. Sipco LLC
Order
USSC Jun. 16, 2020
King v. U.S.
Order
USSC Jun. 16, 2020
Albence v. Chavez
Order
USSC Jun. 16, 2020
Henry Schein Inc. v. Archer and White Sales Inc.
Order
USSC Jun. 16, 2020
Andrus v. Texas
Petitioner had shown deficient performance under first prong of 'Strickland,' and there was significant question whether Court of Criminal Appeals properly considered prejudice under second prong.
Criminal Law and Procedure USSC Jun. 16, 2020
Bostock v. Clayton County
Employers who fire individuals merely for being gay or transgender violate Title VII of Civil Rights Act.
Employment Discrimination USSC Jun. 16, 2020
United States Forest Service v. Cowpasture River Preservation Assn.
Forest Service retained its authority over trail because it entered into 'right-of-way' agreements with National Park Service, which grants easement, not jurisdiction over land.
Administrative Agencies USSC Jun. 16, 2020