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U.S. v. Manaku
The FBI's failure to leave a complete copy of a warrant did not justify suppression of evidence because the error seemed to be a negligent mistake, rather than deliberate disregard for the procedure.
Criminal Law and Procedure 9th Jun. 15, 2022
Modification: Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final.
Family Law 4DCA/2 Jun. 15, 2022
People v. Qualkinbush
When imposing sentences, trial court decisions regarding mental health diversion must indicate they considered the anti-recidivism purposes of Penal Code Section 1001.35.
Criminal Law and Procedure 4DCA/1 Jun. 15, 2022
People v. Zuniga
Defendant must pay restitution to hit and run victim even though his probation had been terminated early since the court was merely enforcing the previously unascertainable original restitution payment.
Criminal Law and Procedure 4DCA/1 Jun. 15, 2022
People v. Bunas
A court ruling on a petitioner's motion for mental health diversion is not required to determine the defendant's eligibility prior to determining the offense's suitability.
Criminal Law and Procedure 4DCA/1 Jun. 15, 2022
People v. Watts
The trial court's error, concluding that the prosecutor's consent was necessary for pretrial mental health diversion, was harmless as it independently found valid grounds for denying diversion.
Criminal Law and Procedure 2DCA/8 Jun. 15, 2022
Casillas v. Berkshire Hathaway Homestate Insurance Company
Plaintiffs' trespass-to-chattel claim failed because there was no evidence that the alleged copying of electronic files from their computer system caused any damage or disruption to the system itself.
Torts 2DCA/4 Jun. 13, 2022
Ritter v. Migliori
Order
USSC Jun. 13, 2022
ZF Automotive U. S., Inc. v. Luxshare, Ltd.
Private adjudicatory bodies in a foreign country do not qualify as foreign or international tribunals and thus are not subject to federal courts' power to order discovery for use in foreign proceedings.
Arbitration USSC Jun. 13, 2022
Denezpi v. U.S.
Successive prosecutions of offenses arising from separate sovereigns, even if prosecuted by a single sovereign, were not barred by the Double Jeopardy Clause.
Native American Affairs USSC Jun. 13, 2022
Johnson v. Arteaga-Martinez
Under 8 U.S.C. Section 1231(a)(6), the government is not required to offer detained noncitizens bond hearings after six months of detention.
Immigration USSC Jun. 13, 2022
Garland v. Gonzalez
District courts exceeded jurisdiction in awarding injunctive relief to noncitizens because the Immigration and Nationality Act deprived them of jurisdiction to enjoin the operation of certain provisions of the act.
Immigration USSC Jun. 13, 2022
Johnson v. WinCo Foods LLC
A job applicant's pre-employment drug test does not render him an employee or require reimbursement for his travel and time spent on the drug test
Employment Law 9th Jun. 13, 2022
Flores Molina v. Garland
Record evidence compelled the conclusion that asylum seeker's past experiences rose to the level of persecution because he was repeatedly forced to flee from his home in the face of death threats.
Immigration 9th Jun. 13, 2022
Grondal v. U.S.
Participation in a case because of the assertion of cross-claims does not imply a waiver of tribal sovereign immunity.
Immunity 9th Jun. 13, 2022
U.S. v. Mathews
Conviction for damaging property with an explosive was not a "crime of violence" under 18 U.S.C. 924(c)(1) because it criminalized the destruction of one's own property, not just others' property.
Criminal Law and Procedure 9th Jun. 13, 2022
Kemp v. U.S.
Plaintiff's motion to vacate was untimely under Federal Rule of Civil Procedure 60(b)(1) because the statutory term "mistake" covered the alleged judicial error, not just factual errors.
Civil Procedure USSC Jun. 13, 2022
Field v. U.S. Bank Nat. Assn.
Plaintiff's discovery response that she was "unsure" if she had received the Notice of Trustee Sale barred her from later claiming that she never received the notice when opposing summary judgment.
Civil Procedure 2DCA/8 Jun. 10, 2022
Silva v. Langford
California Highway Patrol was not immune to liability for injuries caused by CHP sergeant responding to emergency call because the Vehicle Code provides a separate statutory basis for CHP liability.
Immunity 2DCA/7 Jun. 10, 2022
A.F. v. Jeffrey F.
Attorney representing both mother in prior marital dissolution and child in current domestic violence case did not justify disqualification since father did not present substantial evidence of simultaneous representation.
Attorneys 4DCA/1 Jun. 10, 2022
In re Sambrano
Absent the evidence of a primary target, the kill zone instruction should not have been given to jury in an attempted murder trial.
Criminal Law and Procedure 4DCA/2 Jun. 10, 2022
Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final.
Family Law 4DCA/2 Jun. 10, 2022
Modification: 640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute.
Administrative Agencies 4DCA/1 Jun. 10, 2022
Moskowitz v. American Savings Bank
District court abused its discretion in including attorney's fees in its award of costs under Federal Rule of Civil Procedure 41(d) because "costs" has a long-standing definition that does not normally include attorney's fees.
Civil Procedure 9th Jun. 10, 2022
May v. Shinn
Order
9th Jun. 10, 2022
Mendoza-Garcia v. Garland
Oregon first-degree burglary of a dwelling is a categorical match to generic burglary.
Immigration 9th Jun. 10, 2022
Cornel v. State of Hawaii, et al.
A seven-year delay in parolee's arrest did not violate due process since parolee's own failure to provide the office with up-to-date contact information caused the delay.
Civil Rights 9th Jun. 10, 2022
Applied Underwriters, Inc. v. Lara
No exceptional circumstances existed to justify an exception to the prior exclusionary rule in a conservation action over an insurance company.
Civil Procedure 9th Jun. 10, 2022
Smagin v. Yegiazaryan
A RICO plaintiff can satisfy the "domestic injury" standing requirement for a judgment of a foreign arbitration award by showing that the judgment's rights existed domestically.
Civil Procedure 9th Jun. 10, 2022
U.S. v. Merrell
The First Step Act, and not the pre-amended statute, applies at post-Act resentencing of defendants whose sentences were imposed before the Act's passage.
Criminal Law and Procedure 9th Jun. 10, 2022