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U.S. v. Davis
Under 18 U.S.C. Section 924(c)(3)(B), the residual clause defining 'crime of violence' in federal criminal prosecution for using a firearm during commission of the underlying crime, is unconstitutionally vague.
Criminal Law and Procedure USSC Jun. 25, 2019
Eisen v. Tavangarian
Under California law, a landowner has no right to an unobstructed view, which includes any obstructions that may be caused by new improvements to neighboring property.
Real Property 2DCA/7 Jun. 25, 2019
Modification: Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action.
Civil Procedure 1DCA/3 Jun. 25, 2019
People v. Mitchell
Trial court properly refused to instruct jury pursuant to CALJIC No. 8.73.1; in calling victim 'devil' defendant may have been referring to victim's horn tattoos, not because he was hallucinating.
Criminal Law and Procedure CASC Jun. 25, 2019
People v. Canizales
Kill zone instruction was improper because evidence was insufficient to support a reasonable inference that defendants intended to create a zone of fatal harm around a primary target.
Criminal Law and Procedure CASC Jun. 25, 2019
Center for Biological Diversity v. Ilano
Designation of landscape-scale areas under Healthy Forests Restoration Act does not trigger National Environmental Policy Act analysis; thus, summary judgment in favor of defendant affirmed.
Environmental Law 9th Jun. 25, 2019
Gundy v. United States
34 U.S.C. Section 20913(d), requiring the Attorney General apply the Sex Offender Registration and Notification Act's requirements to pre-Act offenders as soon as possible, was not an unconstitutional delegation of legislative authority.
statutory_interpretation USSC Jun. 24, 2019
Financial Oversight Bd. v. Aurelius Investment
Order
USSC Jun. 24, 2019
Aurelius Investment v. Puerto Rico
Order
USSC Jun. 24, 2019
Official Committee of Debtors v. Aurelius Investment
Order
USSC Jun. 24, 2019
U.S. v. Aurelius Investment
Order
USSC Jun. 24, 2019
Utier v. Financial Oversight Bd.
Order
USSC Jun. 24, 2019
McDonough v. Smith
The statute of limitations for fabricated evidence claim under Section 1983 began to run when the criminal proceedings against plaintiff terminated in his favor.
Constitutional Law USSC Jun. 24, 2019
American Legion v. American Humanist Assn.
The Bladensburg Cross did not violate establishment clause of the First Amendment because the cross became a symbol of fallen World War I soldiers' sacrifice.
Constitutional Law USSC Jun. 24, 2019
PDR Network, LLC v. Carlton Harris Chiropractic, Inc.
The extent to which a 2006 Federal Communications Commission order interpreting the term 'unsolicited advertisement' binds lower courts may depend on the resolution of two preliminary questions; thus, matter remanded.
Civil Procedure USSC Jun. 24, 2019
Knick v. Township of Scott
State-litigation requirement under 'Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City' imposes an unjustifiable burden on takings plaintiffs, conflicts with the rest of takings jurisprudence, and must be overruled.
Constitutional Law USSC Jun. 24, 2019
Rehaif v. U.S.
Under U.S.C. Section 922(g) and Section 924(a)(2) the Government must prove that the defendant knowingly possessed a firearm and knew of his unlawful or illegal immigrant status.
Criminal Law and Procedure USSC Jun. 24, 2019
North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust
Beneficiaries' residence could not, consistent with due process, serve as the sole basis for State's tax on trust income; thus, tax violated due process.
Constitutional Law USSC Jun. 24, 2019
Flowers v. Mississippi
Trial court committed clear error by concluding the State's peremptory challenge of a black prospective juror was not motivated in substantial part by discriminatory intent.
Criminal Law and Procedure USSC Jun. 24, 2019
Modification: People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances.
Criminal Law and Procedure 4DCA/2 Jun. 24, 2019
Park Management Corp. v. In Defense of Animals
Under the California Constitution, private property, such as amusement park entrances, is considered a public forum if the property is open to the public identical to public streets or parks.
Constitutional Law 1DCA/2 Jun. 24, 2019
People v. Barton
Order
5DCA Jun. 21, 2019
Orchard Estate Homes v. The Orchard Homeowner Alliance
Order
4DCA/2 Jun. 21, 2019
City and County of San Francisco v. The Regents of the University of California
Charter cities may require state agencies to assist in collection and remittance of municipal taxes; thus, City's tax collection requirement was valid exercise of its power from which universities were not immune.
Municipal Law CASC Jun. 21, 2019
State of California v. Azar
Order
9th Jun. 21, 2019
Marriage of Ankola
Family Code Section 6305(a)(1) precludes the court from granting a mutual restraining order unless both parties appear before the court and submit evidence with the mandatory form.
Family Law 6DCA Jun. 21, 2019
Moss v. Duncan
Two-year statute of limitations on professional negligence claim ran upon actual injury, which occurred when plaintiff and Franchise Tax Board settled, rather than its notice of proposed assessment.
Civil Procedure 4DCA/1 Jun. 21, 2019
Ross v. County of Riverside
Repeated or extended absences from work for medical appointments amount to a limitation on the major life activity of working for disability analysis under the Fair Employment and Housing Act.
Employment Law 4DCA/1 Jun. 21, 2019
People v. Montalvo
Although evidence did not allow inference that fear was utilized by defendant to accomplish robberies, sufficient evidence of use of force supported defendant's robbery convictions.
Criminal Law and Procedure 3DCA Jun. 21, 2019
People v. Perry
Unlawful arrest alone is not legally sufficient for conviction under Penal Code Section 149, so reversal was necessary because jury heard theory of guilt premised on officer lacking authority to arrest.
Criminal Law and Procedure 5DCA Jun. 20, 2019