Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
09-99019
|
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test. |
Criminal Law and Procedure |
|
Apr. 14, 2017 | |
A146680
|
People v. Bechtol
Vehicle Code Section 41403 merely establishes procedural rules for prior conviction challenge, does not independently authorize ineffective assistance of counsel challenge to prior DUI conviction. |
Criminal Law and Procedure |
|
Apr. 14, 2017 | |
S239958
|
Cal Fire Local 2881 v. California Public Employees' Retirement System (State of California)
(1) Was the option to purchase additional service credits pursuant to Government Code Section 20909 (known as "airtime service credits") a vested pension benefit of public employees enrolled in CalPERS? (2) If so, did the Legislature's withdrawal of this right through the enactment of the Public Employees' Pension Reform Act of 2013 (PEPRA) (Gov. Code, Sections 7522.46, 20909, subd. (g)), violate the contracts clauses of the federal and state Constitutions? |
|
Apr. 14, 2017 | ||
S240153
|
Cook (Anthony Maurice) on H.C.
Does habeas corpus jurisdiction exist for a petitioner seeking a post-sentencing hearing to make a record of "mitigating evidence tied to his youth" (People v. Franklin (2016) 63 Cal.4th 261, 276) after the conviction is final? |
|
Apr. 14, 2017 | ||
D069626
|
Boling v. Public Employment Relations Board
Citizen-sponsored initiative aiming to restructure public pensions placed on ballot not subject to Meyers-Milias-Brown Act requirement to 'meet and confer' with city employees. |
Government |
|
Apr. 13, 2017 | |
D070488
|
In re Rhoades
Improper grant of relief in prisoner's favor on habeas petition due to failure to hold evidentiary hearing on disputed factual issues results in reversal and remand. |
Criminal Law and Procedure |
|
Apr. 13, 2017 | |
14-74047
|
Southern California Alliance of Publicly Owned Treatment Works v. EPA
Petition for review denied, where court lacks jurisdiction under Clean Water Act to review EPA's objection letter regarding draft permits for water reclamation plants. |
Environmental Law |
|
Apr. 13, 2017 | |
S240222
|
In re Q.R.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Apr. 13, 2017 | ||
S240433
|
In re V.F.
Did the trial court err by refusing to order the expungement of a juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code Section 1170.18)? |
|
Apr. 13, 2017 | ||
S240509
|
People v. Johnson
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
Apr. 13, 2017 | ||
S240423
|
People v. Lepe
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Apr. 13, 2017 | ||
S240285
|
People v. Ochoa
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
Apr. 13, 2017 | ||
S240426
|
People v. Perea
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
Apr. 13, 2017 | ||
S240519
|
People v. Perez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? |
|
Apr. 13, 2017 | ||
S240363
|
People v. Superior Court (Cook)
Can a trial court grant pretrial diversion under Penal Code section 1001.80 on a charge of driving under the influence despite the ban on diversion in Vehicle Code section 23640? |
|
Apr. 13, 2017 | ||
F073340
|
POET LLC v. State Air Resources Board
Air Resources Board's purported compliance with operative writ falls short for use of improper NOx emissions baseline due to flawed understanding of 'project' under CEQA. |
Environmental Law |
|
Apr. 12, 2017 | |
E067232
|
Inland Counties Regional Center v. Superior Court (Barajas)
Inland Counties Regional Center not in contempt for failing to perform court-ordered placement evaluation where defendant had not yet been found to have developmental disability. |
Criminal Law and Procedure |
|
Apr. 12, 2017 | |
A140464
|
People v. Cervantes
Prop. 57 mandates 'fitness' hearing for retrial or resentencing of juvenile's overturned felony convictions that were directly tried in adult court. |
Juveniles |
|
Apr. 12, 2017 | |
B265011
|
McClain v. Sav-On Drugs
Purchasers of diabetic supply cannot establish 'unique circumstance' that would warrant creation of new tax refund remedy under 'Javor.' |
Taxation |
|
Apr. 12, 2017 | |
C072881
|
People v. Douglas
Failure to consider prosecutor's sexual-orientation-based reason for excusing potential jurors results in remand so that court can apply proper 'mixed-motive' analysis. |
Criminal Law and Procedure |
|
Apr. 12, 2017 | |
15-30277
|
U.S. v. Crooked Arm
Defendants fail to overturn reimposition of felony sentences for convictions for violating Migratory Bird Treaty Act under 'law of the case.' |
Criminal Law and Procedure |
|
Apr. 12, 2017 | |
C077906
|
Manteca Unified School District v. Reclamation District No. 17
Assessments levied on school district are not invalid under Water Code Section 51200's exemption, where Proposition 218's constitutional mandate supersedes exemption. |
Water Rights |
|
Apr. 11, 2017 | |
C076938
|
People v. Sharpe
Restitution award improper where trial court used both truck's fair market value and costs of repair in calculating award, resulting in windfall to victim. |
Criminal Law and Procedure |
|
Apr. 11, 2017 | |
S221530
|
Shaw v. Superior Court (THC-Orange County Inc.)
Employee has no right to jury trial in retaliatory termination action under Health and Safety Code Section 1278.5. |
Administrative Agencies |
|
Apr. 11, 2017 | |
15-15000
|
S.H. v. United States
'Foreign country' exception to Federal Tort Claims Act bars action filed by family for injuries suffered by their child resulting from premature birth in Spain. |
Torts |
|
Apr. 11, 2017 | |
14-17313
|
Nasby v. McDaniel
Failure of habeas court to obtain or review record of state court proceedings requires remand so that court may conduct proper independent review. |
Criminal Law and Procedure |
|
Apr. 11, 2017 | |
A145498
|
People v. Tovar
Substantial evidence supports gang enhancement, where defendant conspired to commit murder to benefit gang subset and not just larger umbrella gang. |
Criminal Law and Procedure |
|
Apr. 11, 2017 | |
B270080
|
People v. Sloat
Petition to designate felony petty theft conviction to misdemeanor improperly denied due to trial court's erroneous application of misdemeanor shoplifting statute. |
Criminal Law and Procedure |
|
Apr. 11, 2017 | |
C070770
|
Scholes v. Lambirth Trucking Co.
Relation-back doctrine cannot save property owner's trespass claim against adjacent neighbor for damages from fire that started on neighbor's property. |
Civil Procedure |
|
Apr. 10, 2017 | |
C075930
|
California Chamber of Commerce v. State Air Resources Board
Challenges to California's cap-and-trade program rejected, where implementing regulations do not exceed scope of legislative delegation and auctions do not equate to a tax. |
Environmental Law |
|
Apr. 10, 2017 |