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Gill v. Whitford
Per its precedent, Court lacks jurisdiction to consider statewide gerrymandering challenge, where redistricting effects felt by plaintiff were at district level.
Constitutional Law USSC Jun. 19, 2018
U.S. v. Reinhart
Convictions for possession of child pornography and sexually exploiting child under California Penal Code Sections 311.11(a) and 311.3(a) are not prior convictions requiring ten-year sentencing enhancement under 18 U.S.C. Section 2252(b)(2).
Criminal Law and Procedure 9th Jun. 19, 2018
Rosales-Mireles v. United States
Appeals courts have discretion under Federal Rule of Criminal Procedure 52(b) to vacate defendant's sentence where miscalculation of Guidelines sentencing range is plain and affects defendant's substantial rights.
Criminal Law and Procedure USSC Jun. 19, 2018
St. Francis Mem. Hosp. v. CA Dept. of Pub. Health
Where Public Health Department declares fine on hospital to be 'effective immediately,' 30-day reconsideration period eliminated and thus limitations period for writ petition begins.
Government 1DCA/1 Jun. 19, 2018
Chavez-Meza v. United States
Judge is not required to use more detail than he or she deems necessary in statement of reasons for imposing sentencing range in simple matter where judge considers evidence and arguments.
Criminal Law and Procedure USSC Jun. 19, 2018
Sturgeon v. Frost
Order
USSC Jun. 19, 2018
Garza, Jr., v. Idaho
Order
USSC Jun. 19, 2018
Lorenzo v. Securities and Exchange Commission
Order
USSC Jun. 19, 2018
Timbs v. Indiana
Order
USSC Jun. 19, 2018
Apple, Inc. v. Pepper
Order
USSC Jun. 19, 2018
Gonzalez-Longoria v. United States
Order
USSC Jun. 19, 2018
Skidgel v. California Unemployment Ins. Appeals Bd.
In-Home Supportive Services recipient is the provider's 'sole' employer for purposes of unemployment insurance coverage.
Labor Law 1DCA/5 Jun. 18, 2018
The People v. Saavedra
Jury instruction proper where it instructed jurors that consent of a child victim was not a defense to the charged aggravated lewd acts.
Criminal Law and Procedure 5DCA Jun. 18, 2018
People v. Smit
Concurrent convictions for attempted murder in case convicting defendant of possession of marijuana for sale do not render defendant ineligible for resentencing relief where ineligibility requires ‘prior’ such convictions.
Criminal Law and Procedure 4DCA/3 Jun. 18, 2018
In re G.B.
Probation condition requiring minor to have peaceful, not aggressive, interactions with law enforcement stricken as unconstitutionally vague where ‘peaceful’ and ‘aggressive’ are used ambiguously.
Juveniles 1DCA/1 Jun. 15, 2018
World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions.
Environmental Law 2DCA/4 Jun. 15, 2018
In re C.A.
Under the Indian Child Welfare Act, when there is "insufficient reason to believe a child is an Indian child, notice need not be given" to relevant Native American tribe.
Juveniles 4DCA/1 Jun. 15, 2018
Turnbull v. Lucerne Valley Unified School Dist.
Anti-SLAPP motion denied where party posted medical note of plaintiff on social media
Anti-SLAPP 4DCA/2 Jun. 15, 2018
Modification: In re G.B.
Modification
Juveniles 1DCA/1 Jun. 15, 2018
Big Oak Flat-Groveland Unified School District v. S.C. (Jane Doe)
Order
5DCA Jun. 15, 2018
People v. Foster
Order
4DCA/1 Jun. 15, 2018
People v. Liu
Order
2DCA/8 Jun. 15, 2018
Weiss v. Dept. of Transportation
Order
4DCA/3 Jun. 15, 2018
Minnesota Voters Alliance v. Mansky
Ban on 'political' apparel in polling places susceptible to too broad, unpredictable an interpretation to withstand even 'forgiving' nonpublic forum First Amendment review.
Constitutional Law USSC Jun. 15, 2018
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.
Federal court determining foreign law under Federal Rule of Civil Procedure Rule 44.1 is not bound by foreign government’s submission describing its laws.
Civil Procedure USSC Jun. 15, 2018
Krolikowski v. San Diego City Employees' Retirement System
Order sustaining demurrer to causes of action for conversion and breach of fiduciary duty affirmed where claims are based on public employees’ exercise of discretion.
Civil Procedure 4DCA/1 Jun. 15, 2018
Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause.
Civil Procedure 2DCA/6 Jun. 14, 2018
People v. McVey
After statutory enactment granting trial court discretion to strike firearm enhancement, remand nonetheless unnecessary where 'trial court's comments indicate that even if could, it would decline to' grant sought relief.
Criminal Law and Procedure 2DCA/2 Jun. 14, 2018
Tindall v. First Solar Inc.
Dismissal of shareholder derivative action for failure to show demand futility affirmed where relevant, applicable state law does not excuse demand.
Business Law 9th Jun. 14, 2018
Kaura v. Stabilis Fund II, LLC
Fee-shifting statute allowing for attorney fee award where agency 'appoints' receiver is improper basis for attorney fee award where agency merely modifies existing receivership.
statutory_interpretation 4DCA/2 Jun. 14, 2018