Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-1161
|
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 |
|
J. Roberts | Jun. 19, 2018 |
16-10409
|
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 |
|
M. Murguia | Jun. 19, 2018 |
16-9493
|
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 |
|
S. Sotomayor | Jun. 19, 2018 |
A150545
|
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 |
|
J. Humes | Jun. 19, 2018 |
17-5639
|
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 |
|
S. Breyer | Jun. 19, 2018 |
17-949
|
Sturgeon v. Frost
Order |
|
Jun. 19, 2018 | ||
17-1026
|
Garza, Jr., v. Idaho
Order |
|
Jun. 19, 2018 | ||
17-1077
|
Lorenzo v. Securities and Exchange Commission
Order |
|
Jun. 19, 2018 | ||
17-1091
|
Timbs v. Indiana
Order |
|
Jun. 19, 2018 | ||
17-204
|
Apple, Inc. v. Pepper
Order |
|
Jun. 19, 2018 | ||
16-6259
|
Gonzalez-Longoria v. United States
Order |
|
Jun. 19, 2018 | ||
A151224
|
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 |
|
T. Bruiniers | Jun. 18, 2018 |
F073923
|
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 |
|
J. Detjen | Jun. 18, 2018 |
G055311
|
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 |
|
E. Moore | Jun. 18, 2018 |
A152105
|
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 |
|
S. Margulies | Jun. 15, 2018 |
B284300
|
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 |
|
A. Collins | Jun. 15, 2018 |
D073229
|
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 |
|
J. Irion | Jun. 15, 2018 |
E067436
|
Turnbull v. Lucerne Valley Unified School Dist.
Anti-SLAPP motion denied where party posted medical note of plaintiff on social media |
Anti-SLAPP |
|
D. Miller | Jun. 15, 2018 |
A152105
|
Modification: In re G.B.
Modification |
Juveniles |
|
Jun. 15, 2018 | |
S247975
|
Big Oak Flat-Groveland Unified School District v. S.C. (Jane Doe)
Order |
|
Jun. 15, 2018 | ||
S248046
|
People v. Foster
Order |
|
Jun. 15, 2018 | ||
S248130
|
People v. Liu
Order |
|
Jun. 15, 2018 | ||
S248141
|
Weiss v. Dept. of Transportation
Order |
|
Jun. 15, 2018 | ||
16-1435
|
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 |
|
J. Roberts | Jun. 15, 2018 |
16-1220
|
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 |
|
R. Ginsburg | Jun. 15, 2018 |
D071119
|
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 |
|
J. Irion | Jun. 15, 2018 |
B283420
|
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 |
|
K. Yegan | Jun. 14, 2018 |
B280966
|
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 |
|
E. Lui | Jun. 14, 2018 |
17-15185
|
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 |
|
J. Wallace | Jun. 14, 2018 |
E065751
|
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 |
|
M. Ramirez | Jun. 14, 2018 |