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Name Category Published
Jackson v. United States
Order
Jan. 10, 2011
Payne v. United States
Order
Jan. 10, 2011
Manning v. United States
Order
Jan. 10, 2011
Beltran v. United States
Order
Jan. 10, 2011
Bennett v. United States
Order
Jan. 10, 2011
Eriksson v. Nunnink
Grant of summary judgment is erroneous when triable issues existed as to whether trainer increased inherent risk in horse jumping by assigning lame horse.
Torts Jan. 10, 2011
Dawson v. Entek International
Close proximity in time between employee’s exercise of protected activity and termination creates prima facie case for retaliation claim.
Employment Law Jan. 10, 2011
People v. Sharret
Court violates Penal Code Section 654 in failing to stay criminal laboratory fee as to stayed conviction because fee was punitive in nature.
Criminal Law and Procedure Jan. 10, 2011
Flores v. Georgeson
Prefiling order does not require vexatious litigant who is represented by counsel to obtain permission to present litigation for filing.
Civil Procedure Jan. 10, 2011
Najera v. Huerta
Costs are properly denied where settlement offer was made concurrently with complaint, and defendant had no opportunity to evaluate offer.
Civil Procedure Jan. 10, 2011
Anonymous Online Speakers v. U.S. District Court (Quixtar Inc.)
Court may order disclosure of identity of online speaker engaged in commercial speech where plaintiff shows it would prevail on summary judgment.
Constitutional Law Jan. 9, 2011
Hayes v. Ayers
Media coverage of case, which did not significantly interfere with trial, does not result in impartial jury violating defendant’s right to fair trial.
Criminal Law and Procedure Jan. 9, 2011
Chapman v. Pier 1 Imports (U.S.) Inc.
Plaintiff lacks standing under Americans with Disabilities Act where he fails to allege how he was injured when encountering store's barriers.
Civil Rights Jan. 9, 2011
In re Miranda
Habeas corpus petition for review of decision denying parole is moot where petitioner has already been released from custody following subsequent hearing.
Criminal Law and Procedure Jan. 9, 2011
People v. Morehead
Court has no duty to instruct jury on ‘fear’ in robbery context and even if erroneous, error was harmless beyond reasonable doubt.
Criminal Law and Procedure Jan. 9, 2011
People v. Wilkins
Felony-murder liability does not terminate when perpetrator reaches place of temporary safety if felony and killing are within one continuous transaction.
Criminal Law and Procedure Jan. 9, 2011
People v. Sigala
Instruction defining lewd and lascivious conduct for purposes of continuous sexual abuse statute accurately states that touching need not be done in lewd manner.
Criminal Law and Procedure Jan. 6, 2011
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony.
Criminal Law and Procedure Jan. 6, 2011
Goldbaum v. The Regents of the University of California
Regents of University of California has constitutional immunity from plaintiff’s attorney fees motion where matter pertains to benefits that are internal university affairs.
Constitutional Law Jan. 6, 2011
People v. Avila
Trial court properly appoints conflict counsel for competency hearing where defendant's threat to kill his public defender created conflict of interest.
Criminal Law and Procedure Jan. 6, 2011
People v. Nazary
Grand theft by employee is not lesser included offense of embezzlement because defendant can commit one without necessarily committing other.
Criminal Law and Procedure Jan. 6, 2011
Opinion of Brown
Retired peace officer is not subject to exception under Assault Weapons Control Act and may not continue to possess weapon after retirement.
Government Jan. 6, 2011
Opinion of Brown
Public official cannot simultaneously serve as director of two public offices with supplier-customer relationship that provides potential for divergent interests.
Government Jan. 6, 2011
Kevin R. v. Superior Court (San Diego County Health and Human Services Agency)
Juvenile court does not improperly delegate authority to order visitation to parole officer, who would not permit additional visitation with child.
Family Law Jan. 6, 2011
Jewish War Veterans of the United States of America Inc. v. City of San Diego
Cross dedicated as memorial projects message of unconstitutional religious endorsement, rather than secular memorialization.
Constitutional Law Jan. 5, 2011
Perry v. Schwarzenegger
Local municipality has no significant protectable interest to justify intervening in action related to state marriage laws.
Civil Procedure Jan. 5, 2011
Perry v. Schwarzenegger
Order
Jan. 5, 2011
Perry v. Schwarzenegger
Order
Jan. 5, 2011
Sacks v. City of Oakland
City is allowed to use revenue indirectly to achieve ordinance’s goal, where ordinance mandates only numerical requirements, not specific method to achieve objective.
Government Jan. 5, 2011
Lakey v. Hickman
Federal habeas petition is not subject to tolling of limitations period where state court previously rejects petition for relief as untimely.
Criminal Law and Procedure Jan. 5, 2011