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Modification: People v. Bedolla
Carrying a loaded firearm while in a public place was a crime of moral turpitude because the crime involved a 'general readiness to do evil;' thus, the evidence was admissible to impeach defendant.
Criminal Law and Procedure 6DCA Nov. 5, 2018
Ramos v. Superior Court
Opinion
1DCA/1 Nov. 5, 2018
Maryland v. Craig
The court ruled that the Sixth Amendment's Confrontation Clause, which provides criminal defendants with the right to confront witnesses against them, did not bar the use of one-way closed-circuit television to present testimony by an alleged child sex abuse victim.
Constitutional Law USSC Nov. 5, 2018
People v. Clemmons
In an information filed in Los Angeles County, appellants Bennett Cook and Will Jones, with defendants Clemmons and James Jones, were charged with two counts of armed robbery in that on January 20, 1956, they unlawfully took by force from Robert L. Parsons money and merchandise of the value of $65, and from James T. Jeffery $25, and that each had prior felony convictions. Each defendant plead not guilty and admitted the prior convictions. The jury found each guilty as charged and fixed the degree in each instance as robbery in the first degree. Motions for a new trial and probation were made by the appellants and each such motion was denied, and each defendant was sentenced to the state prison. This appeal is by Bennett Cook and Will Jones from the judgments.
Criminal Law and Procedure 2DCA/1 Nov. 5, 2018
Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process.
Government 3DCA Nov. 2, 2018
Bear Creek Master Assn. v. Southern Cal. Investors, Inc.
Under golf course's covenants, conditions, and restrictions, an inchoate 'claim of lien' was created and perfected, but no actual 'lien' could be created until it was recorded.
Real Property 4DCA/2 Nov. 2, 2018
Sali v. Corona Regional Medical Center
Order
9th Nov. 2, 2018
Amended Opinion: Nunies v. HIE Holdings
Based on the plain language of the ADA Amendment Act, plaintiff/employee need not present evidence of employer's subjective belief plaintiff had limitation as to major life activity in disability action.
Disability Discrimination 9th Nov. 2, 2018
Amended Opinion: Fahmy v. Jay-Z
Holder of foreign copyright who claims that moral right to prohibit derivative works of copyrighted material entitles him to standing lacks standing where federal law does not recognize right asserted.
Copyright 9th Nov. 2, 2018
People v. Franske
For purposes of Penal Code Section 495.5 and Proposition 47 relief, a "commercial establishment" is one that is primarily engaged in the buying and selling of goods or services.
Criminal Law and Procedure 3DCA Nov. 2, 2018
People v. Kelly
Proposition 47 modified washout provisions of Penal Code Section 667.5(b); thus, after defendant's felony convictions were reclassified, more than 5 years passed from his latest felony conviction and washout rule applied.
Criminal Law and Procedure 5DCA Nov. 2, 2018
People v. Zammora
The judgments and orders denying motions for a new trial, from which this appeal was taken, are, and each of them is, reversed, and the cause remanded.
Criminal Law and Procedure 2DCA/1 Nov. 2, 2018
Sagadin v. Ripper
A negligence cause of action was pursued against social hosts under Business and Professions Code section 25658, which makes it a misdemeanor to furnish alcohol to a person under 21 years of age. The court held that the 1978 legislation applies prospectively only and consequently does not immunize social hosts found civilly liable for injuries resulting from an accident occurring before the January 1, 1979, effective date of the legislation.
Torts 3DCA Nov. 2, 2018
People v. Grzymski
If a defendant does not appeal once a court modifies a sentence to eliminate the provision for a term of mandatory supervision, then that sentence will become final.
Criminal Law and Procedure 1DCA/1 Nov. 1, 2018
Amended Opinion: ABS Entertainment v. CBS Corp.
Remastered sound recordings that do not add or remove any sounds or change the sequences of sounds lack originality and thus, are not eligible for independent copyright protection as a derivative work.
Copyright 9th Nov. 1, 2018
Mann v. County of San Diego
In order for a governmental agency to perform an investigatory medical examination of a child, they must first notify the child's parents and gain their consent or get judicial authorization.
Civil Rights 9th Nov. 1, 2018
Knox v. Brnovich
Arizona's 2016 election law not preempted by federal law because Congress did not intend to regulate the uncompensated carriage of mail and the regulation exempted United States postal workers.
Constitutional Law 9th Nov. 1, 2018
Brown v. Ralphs Grocery Company et al.
Plaintiff's notice under Labor Code Section 2699.3(a) was not adequate except for one allegation because it was a string of legal conclusions and did not allege 'facts and theories.'
Labor Law California Courts of Appeal Nov. 1, 2018
People v. Paulsell
The California Supreme Court, in an opinion that, to this day, put references to "common sense" off-limits for jury instructions on reasonable doubt, said, "the phrase 'common sense' is about as uncertain as any phrase in the language.
Criminal Law and Procedure CASC Nov. 1, 2018
People v. Shaw
There is nothing unfair or prejudicial in the argument made, and the appeal to the jurors to use their common sense demonstrates a lack of intention to inflame or prejudice their minds
Criminal Law and Procedure California Courts of Appeal Nov. 1, 2018
Robinson v. California
The court struck down a California law that criminalized being addicted to narcotics.
Criminal Law and Procedure USSC Nov. 1, 2018
Grovey v. Townsend
A reformulation of Texas' white primaries system is constitutional
Constitutional Law USSC Nov. 1, 2018
Contractors State Licensing Bd. v. Superior Court
If administrative remedies are provided by statute, relief must be sought from the administrative body and all remedies exhausted before courts will act.
Labor Law 1DCA/1 Oct. 31, 2018
Amended Opinion: U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles.
Criminal Law and Procedure 9th Oct. 31, 2018
Whalen v. McMullen
Because it was not clearly established that officer's warrantless ruse-entry, in the context of civil investigation related to a determination of benefits eligibility, constituted 'unreasonable search,' he was entitled to qualified immunity.
Qualified Immunity 9th Oct. 31, 2018
People v. Lopez
Failure to object to the admission of evidence at trial forfeits an appellate claim that such evidence was improperly admitted (e.g. failing to object to admitting a 'Watson' advisement into evidence).
Criminal Law and Procedure 2DCA/4 Oct. 30, 2018
Modification: National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record.
Government 1DCA/3 Oct. 30, 2018
Return Mail Inc. v. USPS
Order
USSC Oct. 30, 2018
Mission Product Holdings Inc. v. Tempnology Inc.
Order
USSC Oct. 30, 2018
U.S. v. Haymond
Order
USSC Oct. 30, 2018