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In re Bailey
Proposition 57, which amended the California Constitution to grant early parole consideration to persons convicted of a nonviolent felony offense, did not incorporate an in-person hearing requirement.
Criminal Law and Procedure 3DCA Mar. 30, 2022
People v. Garcia
Upper term on defendant's second degree robbery sentence was vacated because trial court appeared to have relied upon factors in aggravation neither admitted nor found true beyond a reasonable doubt.
Criminal Law and Procedure 2DCA/8 Mar. 30, 2022
People v. Holiman
No reasonable suspicion for a traffic stop that resulted in felony charges since defendant did not violate the Vehicle Code and nothing objectively suggested that he did.
Constitutional Law 1DCA/2 Mar. 30, 2022
Haley v. Antunovich
Trial court did not abuse its discretion in ordering a mother to seek employment as in the best interest of the child because substantial evidence supported the seek-work order.
Family Law 1DCA/3 Mar. 30, 2022
Modification: Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law.
probate_and_trusts 2DCA/1 Mar. 30, 2022
In re H.N.
Because possession of child pornography includes alternative sentencing language, it is a wobbler offense and requires juvenile courts to make a declaration of the offense as either a felony or misdemeanor.
Juveniles 2DCA/6 Mar. 30, 2022
Modification: CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership.
Tax 1DCA/5 Mar. 30, 2022
Modification: In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families.
Juveniles 2DCA/7 Mar. 30, 2022
People v. Kelley
The court was not required to modify a criminal protective order because the requirement that defendant not "knowingly" come within 400 feet of victim was implicit in the order.
Criminal Law and Procedure 3DCA Mar. 30, 2022
B.D. v. Blizzard Entertainment
License Agreement for online gaming service that contained the entire agreement and required an affirmative click to continue provided sufficient notice of an arbitration agreement to a minor and his father.
Arbitration 4DCA/1 Mar. 30, 2022
Brown v. El Dorado Union High School Dist.
High school football player's lawsuit against the school district was barred by the affirmative defense of an express assumption of risk due to a release and waiver he and his father signed.
Education 3DCA Mar. 30, 2022
Mejia v. Roussos Construction, Inc.
In a misclassification case, the trial court improperly required plaintiff employees to prove that defendant was a hiring entity before placing the burden of the ABC test on defendant.
Employment Law 3DCA Mar. 29, 2022
Austin v. U. S. Navy Seals 1-26
Order
USSC Mar. 29, 2022
Texas v. Commissioner of Internal Revenue
Opinion
USSC Mar. 29, 2022
National Pork Producers v. Ross
Order
USSC Mar. 29, 2022
Cruz v. Arizona
Order
USSC Mar. 29, 2022
Andy Warhold Foundation v. Goldsmith
Order
USSC Mar. 29, 2022
U.S. v. Kvashuk
Search warrant affidavit showed a fair probability that evidence of defendant stealing millions in digital gift cards from his employer, Microsoft, would be found on a computer at defendant's residence.
Criminal Law and Procedure 9th Mar. 29, 2022
In re Jaswinder Singh Bhangoo
Debtor failed to show objective evidence of an intent to return to his principal dwelling for his claimed automatic homestead exemption.
Bankruptcy BAP Mar. 29, 2022
In re K.T.
In order to ensure that the Indian Child Welfare Act is not applicable, courts and agencies have a duty to actively investigate possible Native American ancestry when there is a suggestion of the child's possible tribal membership.
Juveniles 4DCA/2 Mar. 28, 2022
Pacifica Firefighters Assn. v. City of Pacifica
A measure prescribing procedures in the event of an impasse in labor disputes with city firefighters was unenforceable as a usurpation of authority the legislature exclusively granted to city councils.
Government 1DCA/2 Mar. 28, 2022
Tola v. Bryant
Intel board of directors' actions after security vulnerabilities to its microprocessors were exposed did not constitute bad faith and dismissal with prejudice was appropriate.
Corporations 1DCA/5 Mar. 28, 2022
Laidlaw's Harley Davidson Sales v. Commissioner of Internal Revenue
Internal Revenue Code requires written approval of a penalty assessment, but that approval can be validly given even after communicating the penalty to a taxpayer as long as the process is still ongoing.
Tax 9th Mar. 28, 2022
Ross v. Davis
California Supreme Court reasonably determined that a special circumstances instruction included the necessary specific intent to satisfy the culpability requirement rendering an erroneous jury instruction harmless error.
Criminal Law and Procedure 9th Mar. 28, 2022
Cleveland v. Taft Union High School Dist.
School district was vicariously liable for injuries sustained by student because district's threat assessment team's acts and omissions fell outside the immunity provided for mental examinations.
Immunity 5DCA Mar. 28, 2022
Flores v. Department of Transportation
Because plaintiffs filed a suit for injunctive relief, and injunctive relief is forward-looking, the revised version of the statute at issue applied rather than the version in place during the events in question.
Government 2DCA/8 Mar. 25, 2022
Estrada v. Royalty Carpet Mills, Inc.
Private Attorney General Act (PAGA) claims cannot be dismissed based on manageability as that requirement is rooted in class actions, not PAGA principles.
Employment Law 4DCA/3 Mar. 25, 2022
Wisconsin Legislature v. Wisconsin Elections Commission
Governor failed to provide evidence that the drawing of a new, majority-black district in his proposed electoral map was required under the Voting Rights Act.
Constitutional Law USSC Mar. 25, 2022
Ramirez v. Collier
Texas failed to show that a categorical ban on audible prayer in the execution chamber was not the least restrictive means of furthering the state's compelling interest in preventing disruptions in the chamber.
Prisoners' Rights USSC Mar. 25, 2022
Houston Community College System v. Wilson
A community college's Board of Trustee's purely verbal censure did not give rise to an actionable First Amendment claim because it was not a materially adverse action.
Constitutional Law USSC Mar. 25, 2022