| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H034305
|
People v. Xinos
Court errs in denying motion to suppress evidence of electronic data gathered from defendant’s vehicle for lack of probable cause. |
Criminal Law and Procedure |
|
Feb. 9, 2011 | |
|
E049093
|
People v. Moreno
Court errs in denying defendant’s motion for discovery of materials in victim’s personnel file related to propensity for violence related to defendant’s self-defense theory. |
Criminal Law and Procedure |
|
Feb. 9, 2011 | |
|
09-35190
|
McLeod v. Astrue
Order |
|
Feb. 9, 2011 | ||
|
09-35276
|
Lee v. Lampert,
Order |
|
Feb. 9, 2011 | ||
|
A128295
|
Joshua S., a Minor
Court fails to exercise its discretion in denying minor’s deferred entry of judgment without determining minor’s eligibility and other factors. |
Juveniles |
|
Feb. 9, 2011 | |
|
B223698
|
Daisy H., a Minor
Court lacks jurisdiction over dependency proceedings where there is insufficient evidence to support finding children are at risk of physical harm. |
Juveniles |
|
Feb. 9, 2011 | |
|
09-35190
|
McLeod v. Astrue
Administrative law judge's failure to help applicant develop record by putting VA disability determination into record is reasonably likely to have been prejudicial. |
Administrative Agencies |
|
Feb. 8, 2011 | |
|
09-10396
|
U.S. v. Krupa
Search warrant is valid where discovery of single image of child pornography is accompanied by exigent circumstances to support finding of probable cause. |
Criminal Law and Procedure |
|
Feb. 8, 2011 | |
|
09-16378
|
Infuturia Global Ltd. v. Sequus Pharmaceuticals Inc.
Removal jurisdiction is proper under Convention on Recognition and Enforcement of Foreign Arbitral Awards where defendant raises defense related to foreign arbitration award. |
Civil Procedure |
|
Feb. 8, 2011 | |
|
C065356
|
People v. Ochoa
Court errs in issuing no-visitation order against alleged sexual offense child victim because defendant was never sentenced for the alleged crime. |
Criminal Law and Procedure |
|
Feb. 8, 2011 | |
|
C063758
|
People v. Pham
Attempted murder convictions are valid where defendant shoots at crowd with intent to kill specific individuals that, unknown to defendant, were not present. |
Criminal Law and Procedure |
|
Feb. 8, 2011 | |
|
B218171
|
Arechiga v. Dolores Press Inc.
Janitor who entered into explicit mutual wage agreement with employer cannot seek payment for overtime wages when salary covered overtime work. |
Employment Law |
|
Feb. 8, 2011 | |
|
F059492
|
Anders v. Superior Court (Meritage Homes of California Inc.)
Builder may not require homeowners to comply with statutory prelitigation procedures after its contractual alternative prelitigation procedures were found unenforceable. |
Contracts |
|
Feb. 8, 2011 | |
|
09-15651
|
R.P. v. Prescott Unified School District
School district is not entitled to attorney fees where parents’ claim under Individuals with Disabilities Education Act was unsuccessful, but not frivolous. |
Education |
|
Feb. 7, 2011 | |
|
D055649
|
People v. Higgins
Prosecutor’s questioning and remarks regarding defense expert’s previous trial experience aimed to cast him in unfavorable light is reversible misconduct. |
Criminal Law and Procedure |
|
Feb. 7, 2011 | |
|
D055655
|
People v. Bolton
Double Jeopardy Clause does not preclude imposition of additional sentence on count on which defendant was not convicted in first trial. |
Criminal Law and Procedure |
|
Feb. 7, 2011 | |
|
08-30445
|
U.S. v. Fox
District court errs in reducing defendant’s sentence when it ignored Sentencing Commission’s Policy Statement, which has authority in interpreting sentencing guidelines. |
Criminal Law and Procedure |
|
Feb. 7, 2011 | |
|
B222025
|
Sharp v. Superior Court (People)
Amendment to discovery law authorizes court to order psychiatric examination of defendant, who pleads not guilty by reason of insanity, by prosecution-retained expert. |
Criminal Law and Procedure |
|
Feb. 4, 2011 | |
|
E047943
|
Dakota Payphone LLC v. Alcaraz
Although court lacks jurisdiction to rule on motion for new trial outside of statutory period, court retains jurisdiction to modify void judgment. |
Civil Procedure |
|
Feb. 4, 2011 | |
|
S173309
|
People v. Ary
Due process violation does not occur where trial court placed burden of proving incompetence on defendant at retrospective competency hearing. |
Criminal Law and Procedure |
|
Feb. 4, 2011 | |
|
S093456
|
People v. Thomas
Defendant’s inculpatory statements made during interview at crime scene are not suppressible because defendant was not in 'custody' for purposes of 'Miranda.' |
Criminal Law and Procedure |
|
Feb. 4, 2011 | |
|
S188453
|
People v. Sanchez
Order |
|
Feb. 4, 2011 | ||
|
S188238
|
People v. Elmore
Order |
|
Feb. 4, 2011 | ||
|
S188449
|
Sasser (Albert) on Habeas Corpus
Order |
|
Feb. 4, 2011 | ||
|
S182670
|
Emery v. Clark
Order |
|
Feb. 4, 2011 | ||
|
D055965
|
People v. Keeper
Court is not required to instruct jury to consider all factors surrounding mentally impaired person's testimony where witness was not dependent on others for care. |
Criminal Law and Procedure |
|
Feb. 4, 2011 | |
|
05-77397
|
Malilia v. Holder
Immigration judge errs in denying petitioner’s request for continuance on ground of administrative delay where delay was not attributable to petitioner. |
Immigration |
|
Feb. 4, 2011 | |
|
09-15808
|
Albano v. Shea Homes Limited Partnership
Order |
|
Feb. 4, 2011 | ||
|
08-17715
|
Barnum Timber Co. v. United States Environmental Protection Agency
Owner of nonindustrial timberlands has standing to sue based on devalued property caused by government’s decision to retain watershed as impaired water body. |
Environmental Law |
|
Feb. 4, 2011 | |
|
10-10036
|
U.S. v. Smith
For Fourth Amendment purposes, seizure of suspect occurs after he fled from police officer’s presence when officer had reasonable suspicion to effectuate seizure. |
Criminal Law and Procedure |
|
Feb. 4, 2011 |
