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People v. Anderson
Order
1DCA/3 Mar. 15, 2019
People v. Guerrero
Order
6DCA Mar. 15, 2019
Mendoza v. Fonseca McElroy Grinding
Order
CASC Mar. 15, 2019
People v. Alvarez
Defendant confined in a state mental hospital may not serve free-standing discovery on third parties untethered to any proceedings without an underlying active motion, petition, or proceeding.
Criminal Law and Procedure 1DCA/3 Mar. 15, 2019
Modification: People v. Johnson
Under the unusual circumstances presented, the trial court did not err in excluding defendant from the courtroom for the entirety of his capital trial; thus, judgment of death affirmed.
Criminal Law and Procedure CASC Mar. 15, 2019
Ron Miller Enterprises, Inc. v. Lobel Fin. Corp., Inc.
To create a valid security interest, the parties must intend the relevant transaction has effect as security, and multiple documents can provide evidence for such intent.
statutory_interpretation 5DCA Mar. 15, 2019
McNeil v. Sherwood School District 88J
Because appellant's hit list of students that 'must die' established a sufficient nexus to the school, the School District could regulate his off-campus speech without violating his First Amendment rights.
Constitutional Law 9th Mar. 15, 2019
U.S. v. Read
Defendant's Sixth Amendment right to choose his defense was violated by the district court allowing his counsel to present an insanity defense despite defendant's objections.
Criminal Law and Procedure 9th Mar. 15, 2019
U.S. v. Haines
Excluding testimony of minor's prior prostitution activities did not violate defendant's due process right to present a defense and therefore did not trigger the 'rape shield' exception under Federal Rule of Evidence 412.
Evidence 9th Mar. 15, 2019
Valdez v. Montgomery
Supreme Court 60-day 'benchmark' excludes equitable tolling for habeas petitioner who could not show 'good cause' for waiting year between filing state habeas petitions.
Prisoners' Rights 9th Mar. 15, 2019
Modification: Fudge v. City of Laguna Beach
Legislature provided for de novo review of appeals to the Commission under Public Resources Code Section 21080.5, which allows environmental information to be submitted 'in lieu of' an environmental impact report under CEQA.
Environmental Law 4DCA/3 Mar. 15, 2019
Myers v. Raley's
Where trial court denies class certification in cursory order lacking substantive analysis, that lack of analysis 'is fatal' and requires remand for further review.
Civil Procedure 3DCA Mar. 14, 2019
Fowler v. Guerin
Order
9th Mar. 14, 2019
WildEarth Guardians v. Provencio
US Forest Service did not abuse discretion when creating off-road motorized vehicle plan that allowed for such vehicles in most of Kaibab National Forest, since other limitations in plans were present.
Environmental Law 9th Mar. 14, 2019
1305 Ingraham v. City of Los Angeles
The 90-day statute of limitations of Government Code Section 65009(c)(1) applies upon the City Planning Department Director's determination regarding a housing project becoming final.
statutory_interpretation 2DCA/4 Mar. 14, 2019
Knighton v. Cedarville Rancheria of NPI
Tribal courts have subject matter jurisdiction when nonmember employee conduct directly led to tort claims against the employee, the conduct threatened the tribe, and regulatory authority is not exceeded.
Native American Affairs 9th Mar. 14, 2019
Advanced Bldg. & Fabrication v. Ayers
A third-party participating in a search pursuant to a warrant, but not aiding the execution of that warrant's authorized objectives, violates the civil rights of those subjected to the search.
Civil Rights 9th Mar. 14, 2019
Homeaway.com v. City of Santa Monica
Vacation rental hosting platforms subject to Santa Monica Ordinance 2535 were not entitled to Communications Decency Act immunity, and the First Amendment was not implicated because only nonspeech, nonexpressive conduct was regulated.
Civil Rights 9th Mar. 14, 2019
In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system.
Juveniles 2DCA/6 Mar. 13, 2019
Shrewsbury Management, Inc. v. Superior Court
Discovery mechanisms in judgment debtor examination should be 'broadly construed;' subpoena duces tecum may issue to third parties other than those who control debtor's finances or property.
Civil Procedure 6DCA Mar. 13, 2019
U.S. v. Prien-Pinto
The lack of a mens rea requirement for stolen firearm enhancements under U.S.S.G. Section 2K2.1(b)(4) does not violate the Fifth Amendment.
Criminal Law and Procedure 9th Mar. 13, 2019
Franks Landing Indian Community v. National Indian Gaming Commission
Without formal recognition from Secretary of Interior, Indian community lacks authority to begin gaming operations.
Native American Affairs 9th Mar. 13, 2019
U.S. v. Door
Second-degree assault under Wash. Rev. Code Section 9A.36.021(1)(c) is not a 'crime of violence' under U.S.S.G. Section 4B1.2(a) for sentencing pursuant to U.S.S.G. Section 2K2.1(a)(2).
Criminal Law and Procedure 9th Mar. 13, 2019
Dieringer v. Commissioner of Internal Revenue
Manipulating the valuation used in appraisal for charitable deduction purposes is improper, and a testator may only deduct what is actually received by the charity.
Tax 9th Mar. 13, 2019
People v. Barton
Where defendant negotiates a plea agreement and specifically waives the right to appeal the sentence, defendant may not appeal based on subsequently-enacted favorable sentencing laws.
Criminal Law and Procedure 5DCA Mar. 12, 2019
Su v. Stephen S. Wise Temple
Teachers who taught religious principles, but were not held out as ministers and required no formal religious education or background, were not ministerial employees as a matter of law.
Constitutional Law 2DCA/3 Mar. 12, 2019
People v. Anthony
'Miranda' violation where police assure suspect they won't question about crime, but ask inculpatory questions; harmless error where other evidence showed 'ample support' for conviction.
Criminal Law and Procedure 1DCA/2 Mar. 12, 2019
In Re Pettit Oil Co.
Proceeds arising from goods possessed by consignee debtor to be treated, like the goods, as part of bankruptcy estate when debtor files for bankruptcy, unless consignor has perfected interest.
Bankruptcy 9th Mar. 12, 2019
Centex Homes v. R-Help Construction Co., Inc.
When a claim alleges facts giving rise to a duty to defend under an indemnity agreement, the duty begins upon proper tender of defense as a matter of law.
Civil Procedure 2DCA/6 Mar. 12, 2019
Marriage of Martin
Family Code section automatically terminating spousal support when receiving spouse remarries has no effect where parties waive the statute by leaving box unchecked in support agreement giving effect to section.
Family Law 4DCA/2 Mar. 12, 2019