| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-16742
|
Borja v. Nago
Voting laws that discriminate between former state residents living overseas and those living within the United States are subject only to rational basis review. |
Civil Rights |
|
M. Smith | Sep. 3, 2024 |
|
23-35174
|
Hunter v. U.S. Dept. of Education
Religious colleges and universities relying on Title IX's religious exemption to discriminate against students on the basis of sexual orientation does not violate the Establishment Clause. |
Education, Constitutional Law |
|
M. Smith | Sep. 3, 2024 |
|
H046146
|
Sutter's Place, Inc. v. City of San Jose
Trial court correctly concluded that regulation fee charged to gambling cardrooms funded "appropriate specific regulatory functions," but remand was required to determine whether fee included unconstitutional charges. |
Constitutional Law |
|
A. Grover | Sep. 3, 2024 |
|
H051516
|
DiMaggio v. Superior Court (People)
Trial court erred in applying good faith exception to exclusionary rule when police obtained the evidence by disregarding the timeframe limits specified in the warrant. |
Criminal Law and Procedure, Evidence |
|
A. Danner | Sep. 3, 2024 |
|
F085762
|
People v. Vigil
Trial court lacked jurisdiction to consider Racial Justice Act petition where defendant-petitioner was already serving his sentence and was not eligible for retroactive application of the Act until January 2026. |
Criminal Law and Procedure |
|
K. Meehan | Aug. 30, 2024 |
|
C098871
|
People v. I.B.
Statute's differing sex offender registration requirements for minors already in the custody of the juvenile justice system and those committed after the system's realignment did not violate equal protection. |
Juveniles |
|
S. Mesiwala | Aug. 30, 2024 |
|
23-70009
|
Brown v. Commissioner of Internal Revenue
IRS Collection Division's return of taxpayer's offer-in-compromise as nonprocessable within the 24-month timeframe for considering such offers constituted a timely rejection of the offer. |
Tax |
|
K. Wardlaw | Aug. 30, 2024 |
|
23-15857
|
Mendocino Railway v. Ainsworth
District court correctly dismissed railway's action in federal court pursuant to the Colorado River doctrine, where parallel proceedings in state court were underway. |
Civil Procedure |
|
C. Callahan | Aug. 30, 2024 |
|
23-835
|
Dominguez Ojeda v. Garland
Remand was necessary where immigration judge mistakenly believed it lacked authority to consider evidence not presented to asylum officer during reasonable fear screening. |
Immigration |
|
R. Desai | Aug. 30, 2024 |
|
23-15551
|
Berry v. Air Force Central Welfare Fund
Plaintiff could not recover attorneys' fees under the Longshore Act because Defendants paid full amount owed prior to proceeding, so there was no successful prosecution. |
Attorneys, Administrative Agencies |
|
R. Desai | Aug. 30, 2024 |
|
S262229
|
People v. Williams
Exclusion of One Strike offenders from eligibility under youth offender parole statute did not violate equal protection principles because there was a rational basis for the exclusion. |
Criminal Law and Procedure |
|
M. Jenkins | Aug. 30, 2024 |
|
G061870
|
People v. Lopez
Denying resentencing petition at prima facie stage was proper because liability for felony murder only required intent to kill coupled with participation in the underlying felony during which murder occurred. |
Criminal Law and Procedure |
|
M. Sanchez | Aug. 29, 2024 |
|
H050156
|
People v. Howard
Denying defendant's Racial Justice Act motion at the prima facie stage was error when defendant provided sufficient evidence to establish that a violation could have occurred. |
Criminal Law and Procedure |
|
A. Danner | Aug. 29, 2024 |
|
A169823
|
T.M. v. Superior Court (People)
Where minor's counsel declared doubt as to minor's competency, psychotherapist-patient privilege did not bar disclosure of minor's mental health records to court-appointed expert in competency proceeding. |
Juveniles |
|
D. Chou | Aug. 29, 2024 |
|
23-55757
|
North River Insurance Company v. James River Insurance Company
Order |
|
Aug. 29, 2024 | ||
|
23-35193
|
Crowe v. Oregon State Bar
Dues-paying bar member established an infringement on his freedom of association after Oregon State Bar's publication of statements antithetical to his views and unrelated to its regulatory purpose. |
Constitutional Law, Attorneys |
|
M. Friedland | Aug. 29, 2024 |
|
23-15108
|
Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad. |
Constitutional Law |
|
R. Paez | Aug. 29, 2024 |
|
23-55423
|
Marroquin v. City of Los Angeles
"Reasonable diligence" is an express requirement to receive relief from judgment under FRCP 60(b)(2), which even the "conclusive" nature of newly discovered evidence cannot excuse. |
Civil Procedure |
|
B. Bade | Aug. 28, 2024 |
|
22-16936
|
Salas v. U.S.
Animal Welfare Act's amended prohibition on cockfighting applied to the Mariana Islands where the prohibition met applicability requirements of the Covenant establishing relations between the United States and the Islands. |
Animal Law |
|
L. Koh | Aug. 28, 2024 |
|
C099223
|
People v. Dauterman
Credits for time served on suspended sentence did not reduce felony defendant's period of probation. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Aug. 27, 2024 |
|
24-90085
|
In re Complaint of Judicial Misconduct
Order |
|
Aug. 27, 2024 | ||
|
21-1325
|
Zia v. Garland
Ninth Circuit lacked jurisdiction to address defendant's factual challenge to the adverse credibility finding made by the Bureau of Immigration Appeals. |
Immigration |
|
C. Callahan | Aug. 27, 2024 |
|
20-73293
|
Meza-Carmona v. Garland
Foreign-born appellant's application for citizenship was properly denied when he failed to show by preponderance of evidence that his mother met continuous physical presence requirement. |
Immigration |
|
A. Johnstone | Aug. 27, 2024 |
|
S277072
|
In re Tellez
Defendant was unable to show that counsel's failure to advise him of possible Sexually Violent Predator Act commitment following a guilty plea prejudiced his decision to take the deal. |
Criminal Law and Procedure |
|
K. Evans | Aug. 27, 2024 |
|
S274147
|
Modification: Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment. |
Civil Procedure |
|
M. Jenkins | Aug. 26, 2024 |
|
H049810
|
People v. Guenther
Instructing jury on elements of sodomy and oral copulation by duress not error where the prosecution chose to frame its case in those terms and presented evidence supporting that theory. |
Criminal Law and Procedure |
|
A. Danner | Aug. 26, 2024 |
|
C097565
|
People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. |
Criminal Law and Procedure |
|
R. Wiseman | Aug. 26, 2024 |
|
C100036
|
Sellers v. Superior Court (People)
Presence of a "usable" amount of unlawfully possessed marijuana, together with the other facts observed or known to the police officers, provided probable cause to search the vehicle. |
Criminal Law and Procedure |
|
P. Krause | Aug. 26, 2024 |
|
D080471
|
People v. Holliday
Conviction reversed where trial court's modified jury instruction could cause jury confusion as to the standard of proof necessary for conviction. |
Criminal Law and Procedure |
|
M. Buchanan | Aug. 26, 2024 |
|
A167187
|
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act. |
Evidence, Family Law |
|
C. Fujisaki | Aug. 26, 2024 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com