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Cachil Dehe Band v. Zinke
Indian Reorganization Act gives Department of Interior authority to take land into trust for tribe’s benefit where ‘tribe’ refers to ‘Indians residing on one reservation.’ 		Native American Affairs 9th May 3, 2018
U.S. v. Rivero
'Knowing' requirement in statute forbidding illegal smuggling does not require that showing that defendant knew his smuggled items were illegal. 		Criminal Law and Procedure 9th May 3, 2018
Lair v. Motl
Order 		9th May 3, 2018
Campos-Hernandez v. Sessions
Interpretation that Nicaraguan Adjustment and Central American Relief Act’s requirement of ten years of continuous, physical presence from act constituting grounds of removal refers to ‘last’ such act is reasonable. 		Immigration 9th May 3, 2018
People v. Garcia
Court not authorized to sentence postrelease community supervision violator to term of confinement to run consecutively with prison term in another, separate case. 		Criminal Law and Procedure 2DCA/6 May 3, 2018
Frank v. Gaos
Order 		USSC May 2, 2018
Lamps Plus Inc. v. Varela
Order 		USSC May 2, 2018
Bucklew v. Precythe
Order 		USSC May 2, 2018
People v. Bocklett
Penal Code Section 3000(a)(4)’s tolling provision does not violate defendant’s constitutional right to equal protection. 		Criminal Law and Procedure 4DCA/1 May 2, 2018
People v. Blessett
Failure to raise 'specific' and 'timely' confrontation clause challenge forfeits claim, even where standing law likely would have defeated it, since 'writing was on the wall' that such would change. 		Constitutional Law 3DCA May 2, 2018
Weiler v. Marcus & Millichap Real Estate Investment Services
When a party has engaged in arbitration in good faith, but can no longer afford to continue in such a forum, said party may seek relief from in superior court. 		Arbitration 4DCA/3 May 2, 2018
People v. Flint
Not-guilty-by-reason-of-insanity defendants and sexually-violent predator defendants are similarly situated; court must consider equal protection argument as to whether latter may be compelled to testify where former is not. 		Criminal Law and Procedure 1DCA/4 May 2, 2018
Amended Opinion: In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure. 		Civil Procedure 9th May 2, 2018
Recchia v. Los Angeles Dept. of Animal Services
Summary judgment vacated and remanded where genuine factual dispute exists regarding whether exigent circumstance to Fourth Amendment applies. 		Constitutional Law 9th May 2, 2018
Estate of Casserley
Claim not entitled to priority under state constitution's restitution provision where provision is inapplicable to court appointed administrator under Independent Administration of Estates Act to distribute assets. 		probate_and_trusts 4DCA/1 May 1, 2018
Magana v. Superior Court (San Mateo)
A trial court did not abuse its discretion when it removed defense counsel to ensure adequate representation; although such authority should be used sparingly. 		Attorneys 1DCA/4 May 1, 2018
Integrated Lender Services v. County of Los Angeles
Where court does not order property levied to satisfy criminal fraud restitution judgment, party owed restitution does not have interest in surplus funds from subsequent foreclosure sale of property. 		Real Property 2DCA/8 May 1, 2018
Dynamex Operations West, Inc. v. Superior Court
Suffer or permit to work standard under ‘Martinez v. Combs’ applies to determine whether worker is properly classified as independent contractor or employee. 		Employment Law 2DCA/7 May 1, 2018
People v. Soto
Voluntary intoxication evidence may not be admitted to show whether murder defendant subjectively believed he was acting in reasonable self-defense. 		Criminal Law and Procedure 6DCA May 1, 2018
Gordon v. County of Orange
Grant of summary judgment vacated where proper standard of review for 42 U.S.C. Section 1983 claim is one of ‘objective’ standard. 		Civil Procedure 9th May 1, 2018
U.S. v. Misraje
A district court did not abuse its discretion when it revoked the supervised release of a convicted person. 		Criminal Law and Procedure 9th May 1, 2018
Cal. Building Industry Assn. v. State Water Resources Control Bd.
Opinion 		1DCA/2 May 1, 2018
In Re Cook Inlet Energy LLC
Bankruptcy court does not err in finding that administrative claimant has ultimate burden to show benefit to estate and reasonable value of postpetition services. 		Bankruptcy BAP Apr. 30, 2018
People v. Espinoza
Appeal dismissed because defendant fails to receive probable cause certificate, where defendant has previously entered a plea of no contest. 		Criminal Law and Procedure 1DCA/1 Apr. 30, 2018
Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship. 		Employment Law 4DCA/2 Apr. 30, 2018
In re J.R.
Remand to determine whether violation is felonious in context of Proposition 47 is appropriate where Double Jeopardy Clause does not bar remand. 		Juveniles 6DCA Apr. 30, 2018
Andrews v. Davis
Order 		9th Apr. 30, 2018
California Dept. of Toxic Substances Control v. Westside Delivery
Purchaser of tax-defaulted, contaminated facility is in 'contractual relationship' with prior owner for purposes of CERCLA's third-party affirmative defense. 		Environmental Law 9th Apr. 30, 2018
Scott v. Gino Morena Enterprises
Claims brought under Title VII of Civil Rights Act of 1964 are not untimely where 90-day time period to file suit begins to run when EEOC issues right-to-sue notice. 		Employment Law 9th Apr. 30, 2018
Newton v. Parker Drilling Mgmt. Services
Order 		9th Apr. 30, 2018
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