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Cannon v. Seay
Order 		USSC Aug. 15, 2019
Amended Opinion: Claiborne v. Blauser
Visibly shackling a criminal defendant during a jury trial is a violation of that defendant's civil rights under Section 1983. Remanded for new trial. 		Civil Rights 9th Aug. 15, 2019
Taylor v. County of Pima
Order 		9th Aug. 15, 2019
Gonzalez Romo v. Barr
A resident alien is inadmissible to re-enter the United States if convicted of a crime under 8 U.S.C. section 1101, including solicitation to possess marijuana for sale. 		Immigration 9th Aug. 15, 2019
Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. 		Criminal Law and Procedure 9th Aug. 15, 2019
Barnes v. Chase Home Finance
Plaintiff's loan was a residential mortgage transaction, without right of rescission, because he used the money to pay a property division judgment and his ex-wife's outstanding loan balance, thus reacquiring property. 		Real Property 9th Aug. 15, 2019
People v. Meza
Defendant did not forfeit statute of limitations challenge to time-barred lesser included offense occurred because defendant's general assent to prosecution's jury instructions did not establish he understood their full consequences. 		Criminal Law and Procedure 4DCA/2 Aug. 15, 2019
People v. Shah
Materiality is not an element of the offenses listed in Penal Code Section 132 and 134 regarding preparing and offering false and fraudulent evidence. 		Evidence 3DCA Aug. 15, 2019
People v. Stout
A firearm enhancement must be stricken from a conviction if the firearm was not used in the commission of the underlying charge, under California Penal Code Section 25800. 		Criminal Law and Procedure 3DCA Aug. 14, 2019
In re A.W.
Under the Indian Child Welfare Act, if the proceeding involves an Indian child, the court must provide notice of the proceeding to the tribe or the Bureau of Indian Affairs. 		Native American Affairs 3DCA Aug. 14, 2019
In re L.C.
When determining legal guardianship in juvenile court, physical harm of a minor is not presumed from a parent or guardian's substance abuse. 		Juveniles 2DCA/1 Aug. 14, 2019
People v. Tirado
Penal Code Sections 12022.53(h) and 1385 provide trial courts discretion to strike or dismiss Section 12022.53 enhancements, but not to substitute enhancements not alleged for those actually alleged. 		Criminal Law and Procedure 5DCA Aug. 14, 2019
People v. Flores
Defendant's 'unprovoked headlong flight' in high crime area upon seeing police did not provide legal cause for investigatory detention. 		Criminal Law and Procedure 4DCA/3 Aug. 14, 2019
U.S. v. Nejad
Court may order forfeiture in the form of personal money judgment against defendant, and government may attempt to satisfy judgment with any substitute property it locates in the future. 		Criminal Law and Procedure 9th Aug. 14, 2019
U.S. v. Hernandez-Martinez
'Hughes v. United States' was not clearly irreconcilable with 'United States v. Padilla-Diaz', so 'Padilla-Diaz' remained binding precedent concerning the interplay between U.S.S.G. Section 1B1.10(b)(2)(A) and 18 U.S.C. Section 3582(c)(2). 		Criminal Law and Procedure 9th Aug. 14, 2019
In re NFL Sunday Ticket Antitrust Litigation
Plaintiffs' allegations of facts supporting their Sherman Antitrust Act Sections 1 and 2 claims were adequate to state a claim and survive defendants' motion to dismiss. 		Antitrust 9th Aug. 14, 2019
Mejia v. Merchants Building Maintenance
A single PAGA claim seeking recovery of civil penalty under Labor Code Section 558 may not be 'split' so as to require representative employee to arbitrate that aspect of the claim. 		Labor Law 4DCA/1 Aug. 14, 2019
U.S. v. Sainz
The government must expressly invoke defendant's 18 U.S.C. Section 3582(c)(2) waiver to avoid waiving it, and merely claiming it was silent and did not intend to waive waiver was insufficient. 		Criminal Law and Procedure 9th Aug. 13, 2019
Paul G. v. Monterey Peninsula USD
Dismissals and settlement agreements do not satisfy the exhaustion requirement under the Individuals with Disabilities Education Act. 		Education 9th Aug. 13, 2019
National Association for Gun Rights v. Mangan
Montana's disclosure requirements relating to electioneering communications survived exacting scrutiny under the First Amendment, which does not categorically allow states to require disclosure only with respect to express advocacy. 		Constitutional Law 9th Aug. 13, 2019
Dawson v. NCAA
Under California law and the Fair Labor Standards Act, student-athletes are not considered employees of the National Collegiate Athletic Association and PAC-12 Conference. 		Labor Law 9th Aug. 13, 2019
Young v. Pfeiffer
A successive 28 U.S.C. Section 2254 habeas petition cannot be filed if the defendant fails to show that the Supreme Court intended for the new rule to retroactively apply. 		Criminal Law and Procedure 9th Aug. 13, 2019
Animal Legal Defense Fund v. USDA
The term 'individual' in Freedom of Information Act's expedited process under 5 U.S.C. Section 552 552(a)(6)(E)(v)(I) does not include animals; thus, summary judgment in favor of defendant was proper. 		Administrative Agencies 9th Aug. 13, 2019
Batterton v. Dutra Group
Order 		9th Aug. 13, 2019
In re Masters
Defendant not entitled to habeas corpus relief on his claim that witness testified falsely at his trial because court appointed referee did not believe witness' recantation of trial testimony. 		Criminal Law and Procedure CASC Aug. 13, 2019
People v. Ovieda
Community caretaking exception to Fourth Amendment's prohibition on warrantless searches established by lead opinion of 'People v. Ray' is abolished and officers lacked objective facts justifying warrantless entry. 		Constitutional Law CASC Aug. 13, 2019
White v. Square, Inc.
Standing under Unruh Civil Rights Act claim extends to plaintiff who visited business's website, encountered discriminatory terms, and intended to make use of the business's services. 		Constitutional Law CASC Aug. 13, 2019
O'Brien v. AMBS Diagnostics, LLC
Judgment debtor's 401(k) holding funds transferred from individual retirement accounts was formed to protect funds from creditors, rather than retirement purposes, so they were only partially exempt from levy. 		Civil Procedure 2DCA/2 Aug. 12, 2019
United States v. Lost Creek Trust
Order 		9th Aug. 12, 2019
U.S. v. Jobe
Twenty one day delay did not evince negligence on the part of the special agent, let alone deliberate and culpable misconduct; thus, exclusionary rule did not apply. 		Criminal Law and Procedure 9th Aug. 12, 2019
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