Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-10450
|
U.S. v. Sims
Special condition of supervised release which prohibits defendant from using synthetic forms of marijuana survives vagueness challenge. |
Criminal Law and Procedure |
|
Mar. 8, 2017 | |
14-55461
|
Desert Water Agency v. U.S. Department of the Interior
California political subdivision lacks standing to sue federal agency, as disputed federal regulation offers interpretation of existing law and does not preempt state taxes on non-Indians living on tribal land. |
Native American Affairs |
|
Mar. 8, 2017 | |
14-17090
|
In re Tenderloin Health
In preference action, trustee in bankruptcy successfully recovers for bankruptcy estate loan payment debtor made to bank by satisfying 'greater amount test.' |
Bankruptcy |
|
Mar. 8, 2017 | |
B266931
|
Dr. Leevil LLC v. Westlake Health Care Center
Purchaser of foreclosed property may evict occupant by serving notice to quit even if title had yet to be perfected at time of service. |
Real Property |
|
Mar. 8, 2017 | |
A137121
|
People v. Vega-Robles
Though admission of some of gang experts' testimony violated 'Sanchez,' error was harmless given abundant evidence of defendant's gang membership and leadership status. |
Criminal Law and Procedure |
|
Mar. 8, 2017 | |
15-606
|
Peña-Rodriguez v. Colorado
Supreme Court recognizes exception to no-impeachment rule, which shields jury deliberations from further inquiry, where there are allegations of overt racial bias by juror. |
Constitutional Law |
|
Mar. 7, 2017 | |
15-8544
|
Beckles v. United States
United States Sentencing Guidelines are not subject to vagueness challenges under Due Process Clause, resolving conflict regarding applicability of 'Johnson v. United States.' |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
16-6316
|
Rippo v. Baker
Petitioner asserting bias claim involving trial judge that was being federally investigated for bribery need not show actual bias to warrant judge's recusal. |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
16-273
|
Gloucester County School Board v. G.G.
If the Auer doctrine is retained, should deference extend to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought? With or without deference to the agency, should the Dept. of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33 be given effect? |
|
Mar. 7, 2017 | ||
C072355
|
People v. Lara
Circumstantial evidence placing defendant in location of homicide does not support conviction for first degree murder as an abettor. |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
S230510
|
J.M. v. Huntington Beach Union High School District
Minor's suit against school district barred because of failure to comply with requirements of Government Claims Act. |
Government |
|
Mar. 7, 2017 | |
C078041
|
People v. Shorts
Evidence from prior sexual offense in which defendant forced victim to perform sexual acts at gunpoint appropriately admitted in sexual offense case similar to prior conviction. |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
A148171
|
T.W., a Minor
Disposition order finding that reasonable services were provided to Father warrants reversal where Father was provided only one telephone visit despite request for more frequent visits. |
Dependency |
|
Mar. 7, 2017 | |
C079790
|
Flake v. Neumiller & Beardslee
Malpractice action is time-barred where it was filed more than one year after attorney filed motion to withdraw, but within one year of court's granting of that motion. |
Attorneys |
|
Mar. 6, 2017 | |
B269525
|
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature. |
Civil Procedure |
|
Mar. 6, 2017 | |
F072324
|
California State University, Fresno Association Inc. v. County of Fresno
Procedural time limit to file claim for refund of property taxes is not affected by date disputed taxes are paid. |
Taxation |
|
Mar. 6, 2017 | |
15-10009
|
U.S. v. Vazquez-Hernandez
Conviction for attempted illegal reentry overturned due to faulty instructions that omitted essential element of 'free from official restraint,' which constituted plain error. |
Criminal Law and Procedure |
|
Mar. 6, 2017 | |
14-35078
|
Hayes v. Idaho Correctional Center
First Amendment protects prisoner's right to be present when his civil legal mail is opened by prison officials. |
Prisoners Rights |
|
Mar. 6, 2017 | |
14-15271
|
Mangiaracina v. Penzone
Prisoner's claim alleging envelopes were marked as legal mail sufficient for claim under Sixth Amendment right to be present while jail officials open legal mail. |
Prisoners Rights |
|
Mar. 6, 2017 | |
S239749
|
People v. Vallejos
Does the Safe Neighborhood and Schools Act [Proposition 47], which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
Mar. 3, 2017 | ||
S239693
|
People v. Inatowitz
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
Mar. 3, 2017 | ||
S239701
|
People v. Sanchez
Issues as to the requirements under Montgomery v. Louisiana (2016) 577 U.S. __, Miller v. Alabama (2012) 567 U.S. __, for imposing a sentence of life imprisonment without possibility of parole on a juvenile offender. |
|
Mar. 3, 2017 | ||
S239494
|
People v. DeHughes
Does the Safe Neighborhood and Schools Act [Proposition 47], which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
Mar. 3, 2017 | ||
S238634
|
People v. Garcia
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? |
|
Mar. 3, 2017 | ||
A147596
|
People v. S.M.
Fraud-based charges properly dismissed 'in furtherance of justice' considering defendant's professional background, lack of criminal record, 'unfairness' of the four-year process, and other factors. |
Criminal Law and Procedure |
|
Mar. 3, 2017 | |
13-56024
|
Godoy v. Spearman
Order |
|
Mar. 3, 2017 | ||
15-16463
|
Robertson v. Pichon
Under deferential AEDPA standard, appellate court finds reasonable state court interpretation that request to take blood-alcohol chemical test does not constitute 'custodial interrogation' under 'Edwards.' |
Criminal Law and Procedure |
|
Mar. 3, 2017 | |
13-35474
|
U.S. v. Washington
State of Washington's building and maintaining of culverts that prevented passage of salmon violates its obligation to Indian tribes under Stevens Treaties. |
Native American Affairs |
|
Mar. 3, 2017 | |
S239644
|
In Re D.W.
Did the trial court err imposing an "electronics search condition" on minor as a condition of his probation when it 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 his supervision? |
|
Mar. 3, 2017 | ||
S226779
|
Flethez v. San Bernardino County Employees Retirement Association
In retroactive award of service-connected disability retirement benefits, prejudgment interest under Civil Code Section 3287(a) is calculated from date of board's wrongful denial of benefits. |
Civil Procedure |
|
Mar. 3, 2017 |