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Gamble v. United States
Dual sovereignty doctrine, under which two offences are not the same offences in double jeopardy analysis if prosecuted by separate sovereigns, should not be overturned.
Criminal Law and Procedure USSC Jun. 18, 2019
Virginia Uranium, Inc. v. Warren
Atomic Energy Act contains no provision preempting state law; thus, it does not preempt Virginia's law banning uranium mining.
Constitutional Law USSC Jun. 18, 2019
Manhattan Community Access Corp. v. Halleck
Operating public access channels on a cable system was not a traditional, exclusive public function; thus, petitioner was not a state actor subject to the First Amendment.
Constitutional Law USSC Jun. 18, 2019
FTC v. Preferred Law
Showing of irreparable harm was not required to obtain injunctive relief when such relief was sought in conjunction with a statutory enforcement action where applicable statute authorized injunctive relief.
Administrative Agencies 9th Jun. 18, 2019
People v. Polk
Sufficient evidence existed justifying the jury's conclusion that the elements of possession of methamphetamine under Penal Code Section 4573.6 were proven beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/2 Jun. 18, 2019
Greiner v. Keller
Family Code Section 4062 requires trial court to order award for childcare costs related to parent's reasonably necessary education or training to secure fully self-supporting employment; thus, denial of request reversed.
Family Law 1DCA/3 Jun. 18, 2019
Conger v. County of Los Angeles
Under Government Code Section 3304(b), evaluation of merit is not limited to merits of an officer's performance solely during probationary period; thus, petitioner not entitled to administrative appeal.
Government 2DCA/1 Jun. 18, 2019
Kennedy v. Superior Court (City and County of San Francisco)
Opinion
1DCA/4 Jun. 18, 2019
Doe v. Superior Court
Rule 4.2 of the California State Bar Rules of Professional Conduct not violated when attorney's purpose for ex parte communication was to gather relevant evidence provided by an employee against an organizational defendant.
Attorneys 4DCA/1 Jun. 17, 2019
Karnoski v. Trump
District court's order striking President's motion to dissolve preliminary injunction vacated because new policy was significantly different from prior memorandum in both its creation and its specific provisions.
Civil Rights 9th Jun. 17, 2019
People v. McShane
Jury instruction for voluntary manslaughter under a heat of passion theory must have sufficient evidence of adequate provocation; thus, mere automobile theft and 'cooling off' period rendered evidence insufficient.
Criminal Law and Procedure 4DCA/2 Jun. 17, 2019
United Grand Corp. v. Malibu Hillbillies, LLC
Appellant's briefs generally lacked cogent legal argument, legal authority, and proper citations, and sufficient evidence supported the judgment and order of dismissal based on joint misconduct by attorney and client.
Civil Procedure 2DCA/8 Jun. 14, 2019
Marriage of Benner
Plaintiff's petition to join court-appointed expert and provide notice of the trial court's intent to determine reasonableness of the expert's fees did not state cause of action against the expert.
Anti-SLAPP 4DCA/1 Jun. 14, 2019
People v. Caro
Because jury would not have reached a different result had the court excluded challenged statements under 'Miranda v. Arizona,' admission was harmless; thus, death sentence affirmed.
Criminal Law and Procedure CASC Jun. 14, 2019
Bartlett v. Nieves
Order
9th Jun. 14, 2019
Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed.
Criminal Law and Procedure 9th Jun. 14, 2019
Duguid v. Facebook
Telephone Consumer Protection Act's exception for calls 'made solely to collect a debt owed to or guaranteed by the United States' was content-based and violated First Amendment; thus, exception severed.
Constitutional Law 9th Jun. 14, 2019
Perez Cruz v. Barr
Because government used search warrant as pretext to arrest nearly 200 undocumented workers, 'Michigan v. Summers' justification for bypassing Fourth Amendment's traditional protections disappeared.
Immigration 9th Jun. 14, 2019
Modification: Bennett v. Rancho California Water Dist.
Collateral estoppel does not apply when a party obtains a favorable finding based on a lesser burden of proof in a prior proceeding than the party would bear in the subsequent proceeding.
Civil Procedure 4DCA/3 Jun. 14, 2019
People v. Raybon
Under Health and Safety Code Section 11362.1, possession of less than an ounce of cannabis in prison is no longer a felony; thus, defendants' convictions reversed.
Criminal Law and Procedure 3DCA Jun. 13, 2019
Lasalle v. Vogel
Trial judge abused discretion in denying appellant's motion to set-aside default judgment; any doubts in applying Code of Civil Procedure Section 473 must be resolved in favor of party seeking relief from default.
Civil Procedure 4DCA/3 Jun. 13, 2019
City and County of San Francisco v. Uber Technologies
City Attorney's administrative subpoena should be enforced against Uber because it met the requirements of 'California Restaurant Assn. v. Henning' and Uber's preemption arguments were premature.
Administrative Agencies 1DCA/3 Jun. 13, 2019
Gouveia v. Espinda
Trial court's manifest-necessity determination was erroneous because trial court failed to provide any meaningful consideration of alternatives to mistrial; thus, retrying defendant would violate Double Jeopardy Clause.
Criminal Law and Procedure 9th Jun. 13, 2019
DaVinci Aircraft v. U.S.
Property was not seized from plaintiff solely for forfeiture, so sovereign immunity was not rewaived; thus, dismissal of 'Bivens' claims against the United States for lack of subject matter jurisdiction was proper.
Torts 9th Jun. 13, 2019
Torres v. Barr
Petitioner failed to succeed on challenging removal under 8 U.S.C. Section 1182 (a)(6)(A)(i) due to lack of valid entry document and continuous presence in the U.S.
Immigration 9th Jun. 13, 2019
People v. John
A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges, so defendant's plea agreement was null and void.
Criminal Law and Procedure 4DCA/2 Jun. 13, 2019
People v. Kidd
Officer detained defendant by pulling behind him and shining spotlights on defendant's vehicle without reasonable suspicion that crime was about to occur, so subsequently seized evidence should be excluded.
Criminal Law and Procedure 4DCA/2 Jun. 12, 2019
Esparza v. Safeway, Inc.
Appellants failed to submit evidence raising triable issue of material fact regarding whether defendant's challenged conduct harmed class members in manner entitling them to restitution; thus, summary adjudication was proper.
Labor Law 2DCA/4 Jun. 12, 2019
Estate of Sapp
Administrator of decedent's estate was 'otherwise not qualified' under Probate Code Section 8502(b) and acted in bad faith toward heirs; thus, probate court properly removed her as administrator.
probate_and_trusts 4DCA/2 Jun. 12, 2019
Skidmore v. Led Zeppelin
Order
9th Jun. 12, 2019