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U.S. v. Door
District court erred by not requiring government to prove defendant's knowledge of his convicted felon status, but error had no effect on judgment because of defendant's extensive criminal history.
statutory_interpretation 9th Apr. 29, 2021
Alaska v. Wright
Habeas petitioner does not remain 'in custody' under conviction after sentence imposed has fully expired, merely because of possibility that prior conviction will be used to enhance sentences imposed for any subsequent crimes.
statutory_interpretation USSC Apr. 27, 2021
U.S. v. Torres
Because district court considered defendant's detention in granting ends-of-justice continuances, defendant's pretrial detention was properly tolled under the Speedy Trial Act.
statutory_interpretation 9th Apr. 27, 2021
AMG Capital Management, LLC v. FTC
Section 13(b) of Federal Trade Commission Act does not authorize Federal Trade Commission to seek, or court to award, equitable monetary relief such as restitution or disgorgement.
statutory_interpretation USSC Apr. 23, 2021
Jones v. Mississippi
Sentencer need not make separate factual finding of permanent incorrigibility before sentencing murderer under 18 to life without parole.
statutory_interpretation USSC Apr. 23, 2021
A.M. v. Superior Court (E.M.)
Although family court had jurisdiction when petition was filed, jurisdiction was terminated under Family Code Section 3422(a)(2) because mother and child no longer resided in state.
statutory_interpretation 4DCA/1 Apr. 22, 2021
San Diegans for Open Government v. Public Facilities Financing
Section 90.1 of San Diego City Charter is limited to bonds issued by the City, as opposed to the Financing Authority.
statutory_interpretation 4DCA/1 Apr. 21, 2021
In re Murray
Penal Code Section 3051 does not violate equal protection by affording juveniles sentenced to life without possibility of parole youth offender parole hearing but denying that hearing to youthful LWOP offenders.
statutory_interpretation 1DCA/2 Apr. 21, 2021
U.S. v. Do
Invoking the Assimilative Crimes Act while also assimilating Oregon's unlawful use of a weapon is precluded since both statutes punish approximately the same wrongful behavior.
statutory_interpretation 9th Apr. 20, 2021
Wilson v. Craver
When general economic principals are alleged in a breach of duty-of-prudence claim, context-specific allegations must be plead.
statutory_interpretation 9th Apr. 20, 2021
Modification: People v. Hoffman
Old age, standing alone, does not relieve a person from sexually violent predator commitment, but is a factor to be considered.
statutory_interpretation 2DCA/6 Apr. 15, 2021
Thomas v. CalPortland Company
A miner asserting discrimination claim under Section 105(c) of Mine Safety and Health Act must prove but-for causation.
statutory_interpretation 9th Apr. 15, 2021
People v. Stewart
Appellant's period of probation was reduced from three years to two years based on Assembly Bill 1950, which was enacted while his appeal was pending.
statutory_interpretation 1DCA/2 Apr. 9, 2021
U.S. v. Aruda
Current version of U.S. Sentencing Guidelines Manual Section 1B1.13 is not an applicable policy statement for motions filed by a defendant under 18 U.S.C. Section 3582(c)(1)(A).
statutory_interpretation 9th Apr. 9, 2021
Diaz-Flores v. Garland
Petitioner's conviction of first-degree burglary of a dwelling was a crime involving moral turpitude making him ineligible for cancellation of removal.
statutory_interpretation 9th Apr. 7, 2021
In re Douglas
Defendants convicted of violent felonies and sentenced to state prison are ineligible for early parole consideration under Article I Section 32(a)(1) of the California Constitution.
statutory_interpretation 3DCA Apr. 5, 2021
Facebook, Inc. v. Duguid
Facebook's login notification system not in violation of Telephone Consumer Protection Act because technology it used to text respondent did not use a 'random or sequential number generator.'
statutory_interpretation USSC Apr. 2, 2021
Smith v. LoanMe, Inc.
Penal Code Section 632.7 prohibits parties as well as nonparties from intentionally recording communication transmitted between cellular or cordless phone and another device without consent of all parties to communication.
statutory_interpretation CASC Apr. 2, 2021
Kaanaana v. Barrett Business Services, Inc.
Contract workers acting as belt sorters for county sanitation district fall within definition of 'public works' in Labor Code Section 1720(a)(2), entitling them to prevailing wage compensation.
statutory_interpretation CASC Mar. 30, 2021
Miller v. U.S.
Federal Tort Claims Act's discretionary function exception applied to bar plaintiff's two retaliation-based wrongful termination claims.
statutory_interpretation 9th Mar. 29, 2021
U.S. v. Furaha
Defendant's prior conviction for possessing firearm in furtherance of 'drug trafficking crime' under 18 U.S.C. Section 924(c) constituted 'controlled substance offense' under U.S.S.G. Section 4B1.2.
statutory_interpretation 9th Mar. 26, 2021
Modification: People v. Cummings
Where a defendant has sustained a qualifying prior felony DUI conviction within 10 years, an attempted DUI will be considered a felony.
statutory_interpretation 3DCA Mar. 26, 2021
People v. Rivera
Defendants entering into murder pleas with malice aforethought are not categorically incapable of making prima facie showing of eligibility for relief under Penal Code Section 1170.95(c).
statutory_interpretation 1DCA/1 Mar. 23, 2021
Travis v. Brand
Political action committees engaged in multiple initiatives and spending less than 70 percent of their expenditures on a measure qualify as general-purpose committee.
statutory_interpretation 2DCA/8 Mar. 23, 2021
People v. Andahl
Because trial court's order revoking defendant's probation and executing previously imposed prison sentence had not yet reached final disposition, defendant was entitled to benefit of Senate Bill 136.
statutory_interpretation 3DCA Mar. 23, 2021
Conservatorship of Brokken
Probate Code Section 2640.1 does not allow attorney fees absent conservator's appointment.
statutory_interpretation 2DCA/6 Mar. 17, 2021
People v. Hoffman
Old age, standing alone, does not relieve a person from sexually violent predator commitment, but is a factor to be considered.
statutory_interpretation 2DCA/6 Mar. 17, 2021
People v. Washington
Where a single physical act completes two crimes, the defendant may not be punished more than once for that act, regardless of his objective.
statutory_interpretation 2DCA/4 Mar. 11, 2021
Kaiser v. Cascade Capital
Threatening to sue or suing over time-barred debt constitutes violation of Fair Debt Collection Practices Act.
statutory_interpretation 9th Mar. 10, 2021
People v. Cummings
Where a defendant has sustained a qualifying prior felony DUI conviction within 10 years, an attempted DUI will be considered a felony.
statutory_interpretation 3DCA Mar. 8, 2021