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Name Category Published
Driver (Tommy Junior) on H.C.
Order
Apr. 1, 2016
People v. Driver
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction?
Apr. 1, 2016
People v. Lopez
Does Proposition 47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Apr. 1, 2016
People v. Thomas
Does Proposition 47, 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(d)?
Apr. 1, 2016
People v. Woodworth
Court's error in failing to realize it had discretion to impose consecutive, rather than concurrent, sentence results in vacated sentence and remand.
Criminal Law and Procedure Mar. 31, 2016
Zubik v. Burwell
Whether the Dept. of Health and Human Service Mandate and its "accommodation" violate the Religious Freedom Restoration Act ('RFRA') by forcing religious nonprofits to act in violation of their sincerely held religious beliefs, when the Government has not proven that this compulsion is the least restrictive means of advancing any compelling interest.
Mar. 31, 2016
Priests for Life v. Dept. of Health and Human Services
Whether the contraceptive services mandate of the Affordable Care Act as applied to non-exempt, nonprofit religious organizations violates the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 2000bb, et seq.
Mar. 31, 2016
East Texas Baptist University v. Burwell
Does the availability of a regulatory option for nonprofit religious employers to comply with HHS's contraceptive mandate eliminate either the substantial burden on religious exercise or the violation of RFRA that this Court recognized in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014)?
Mar. 31, 2016
Little Sisters of the Poor Home for the Aged, Denver, Colorado v. Burwell
Does the availability of a regulatory method for nonprofit religious employers to comply with HHS's contraceptive mandate eliminate either the substantial burden on religious exercise or the violation of RFRA that this Court recognized in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014)?
Mar. 31, 2016
Southern Nazarene University v. Burwell
Whether the alternative means for nonprofit religious employers to comply with the ACA's contraceptive-coverage Mandate alters Hobby Lobby's substantial-burden analysis or identification of a free exercise violation under RFRA.
Mar. 31, 2016
Geneva College v. Burwell
Whether, under Hobby Lobby, the Mandate's imposition of seamless abortifacient coverage on objecting religious nonprofit organizations' health plans substantially burdens religious exercise and violates RFRA.
Mar. 31, 2016
Alana M. v. State of California
State of California is immune from liability for injuries caused by indigenous tree falling on girl camping with family at Portola Redwoods State Park.
Government Mar. 31, 2016
City of El Centro v. Lanier (State Building and Construction Trades Council of California, AFL-CIO)
Charter cities fail in constitutional challenge seeking to prevent enforcement of Labor Code Section 1782, which conditioned state funding on compliance with prevailing wage laws.
Constitutional Law Mar. 31, 2016
Luis v. U.S.
Pretrial restraint of legitimate, 'untainted' assets (assets not traceable to alleged crime) needed to retain counsel of choice violates Sixth Amendment.
Criminal Law and Procedure Mar. 31, 2016
Co. of Riverside v. Public Employment Relations Bd.
Act that authorizes advisory factfinding by third party body where public agency and union reach negotiating impasse does not violate California Constitution.
Constitutional Law Mar. 31, 2016
San Diego Navy Broadway Complex Coalition v. United States Dept. of Defense
Navy properly considered environmental consequences of redevelopment project in downtown San Diego, fulfilling their obligations under the National Environmental Policy Act.
Environmental Law Mar. 31, 2016
U.S. v. Backman
Woman's asserted instructional errors are insufficient to overturn her conviction for sex trafficking under the Trafficking Victims Protection Act of 2000.
Criminal Law and Procedure Mar. 31, 2016
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing.
Criminal Law and Procedure Mar. 31, 2016
People v. Gutierrez
Court may not revoke post-release community supervision after probationer commits non-violent drug offense without first determining whether probationer qualifies for treatment alternative pursuant to Prop 36.
Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions.
Criminal Law and Procedure Mar. 31, 2016
People v. Reyes
Prosecutor's rebuttal argument concerning teenage victim's sexual orientation does not constitute misconduct that would justify reversal of rapist's convictions.
Criminal Law and Procedure Mar. 31, 2016
People v. Fedalizo
Where appointed public defender waives resentencing petitioner's right to appear (pursuant, ostensibly, to petitioner's direction), petitioner cannot claim his constitutional right to self-representation was violated.
Criminal Law and Procedure Mar. 31, 2016
People v. Jones
Remand not warranted where current law does not require trial court to provide written reason in minutes for dismissing defendant's strikes.
Criminal Law and Procedure Mar. 31, 2016
Roman Catholic Archbishop of Washington v. Burwell
Whether the Religious Freedom Restoration Act ("RFRA') allows the Government to force objecting religious nonprofit organizations to violate their beliefs by offering health plans with "seamless" access to coverage for contraceptives, abortifacients, and sterilization.
Mar. 31, 2016
People v. Turner
Could defendant use a petition for recall of sentence under Penal Code section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code section 11379 effected by Proposition 47?
Mar. 31, 2016
People v. Vargas
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (§459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less?
Mar. 31, 2016
Hernandez v. PNMAC Mortgage Opportunity Fund Investors
Order
Mar. 31, 2016
Jamali v. Bank of America Home Loans
Order
Mar. 31, 2016
Chorn v. Workers’ Compensation Appeals Board (Harris)
Petitioners lack standing to enjoin enforcement of Labor Code provisions relating to the lien claims system; moreover, challenged provisions do not violate constitution.
Labor Law Mar. 30, 2016
Kirchmeyer v. Phillips
Medical Board cannot compel production of patient's treatment records in investigating psychiatrist accused of engaging in inappropriate sexual relations with patient.
Civil Procedure Mar. 30, 2016