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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
Patterson v. Padilla
Presidential Tax Transparency and Accountability Act contained unconstitutional provisions that made appearance of 'recognized candidate' on presidential primary ballot contingent on satisfying disclosure requirements for federal income tax returns.
Government CASC Nov. 22, 2019
Vaquero Energy v. County of Kern
Ordinance did not violate due process because County's delegation of some control to surface owners did not give them final authority to determine how oil and gas operator will use its mineral rights.
Constitutional Law 5DCA Nov. 21, 2019
City of Los Angeles v. Metropolitan Water Dist.
Attorney fees are available in reverse California Public Records Act actions. Under the Code of Civil Procedure Section 1021.5 attorney fees are awarded when the public interest is involved.
Civil Procedure 2DCA/8 Nov. 21, 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
People v. Superior Court (Gooden)
Senate Bill 1437's abolition of the felony murder rule is constitutional; it does not impermissibly alter previous voter approved state constitutional amendments concerning sentencing and underlying offenses.
Constitutional Law 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
U.S. v. Diaz-Hernandez
Order
9th Nov. 21, 2019
Brown v. Upside Gading, LP
Trial court's order was not appealable under Code of Civil Procedure Section 904.1(a)(6) as defendants argued, since it was simply part of the class certification process.
Civil Procedure 1DCA/3 Nov. 20, 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
Conservatorship of Bryan S.
A proposed conservatee cannot refuse to testify at his own conservatorship trial based on the Fifth Amendment and his equal protection rights are not violated when compelled to testify.
Conservatorship 1DCA/1 Nov. 20, 2019
Unzueta v. Akopyan
A 'Batson/Wheeler' challenge is timely if made before the jury is impaneled; the court is required to conduct a full review of all suspect peremptory challenges.
Constitutional Law 2DCA/7 Nov. 20, 2019
Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act.
Immigration 9th Nov. 20, 2019
U.S. v. Chi
Order
9th Nov. 20, 2019
Peithman v. U.S.
Order
USSC Nov. 19, 2019
People v. Yanez
Pre-trial and post-conviction detainees are similarly situated classes of persons; applying conduct credits to reduce prison sentences for one but not the other violates the Equal Protection Clause.
Constitutional Law 1DCA/2 Nov. 19, 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
RSCR Inland, Inc. v. State Dept. of Public Health
The 'reasonable licensee' defense can defeat an administrative sanction by establishing a reasonable effort at complying with the applicable statute or regulation.
Administrative Agencies 4DCA/2 Nov. 19, 2019
People v. Pierre R.
A Mentally Disordered Offender need not be treated for the mental disorder that caused the offense, if the MDO was already treated for a similar disorder with the same treatments.
Conservatorship 2DCA/6 Nov. 19, 2019
Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs.
Torts 2DCA/6 Nov. 19, 2019
U.S. v. Orona
Order
9th Nov. 19, 2019
Fugow v. Barr
Petitioner's conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude that made him removable.
Immigration 9th 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
Daws v. Superior Court
Trial court's two-day written notice requirement for defendant to withdraw his waiver of right to a speedy trial fulfilled the requirements of Penal Code Section 1382.
statutory_interpretation 1DCA/4 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
Henson v. Fidelity National Financial
District court abused its discretion in evaluating three factors considered in evaluating the merits of a FRCP 60(b)(6) motion predicated on an intervening change in the law under 'Phelps v. Alameida.'
Civil Procedure 9th Nov. 18, 2019
FMC Corp. v. Shoshone-Bannock Tribes
Tribal court had jurisdiction over tribes' suit against corporation because corporation was nonmember who entered consensual relationship with tribe through permit fees and thus satisfied 'Montana v. United States' exception.
Native American Affairs 9th Nov. 18, 2019
Glynn v. Superior Court
Even though employee was terminated by mistake because of a misinterpretation of the company's disability policy, disability discrimination was still present and the company was held liable for employee's damages.
Disability Discrimination 2DCA/4 Nov. 15, 2019