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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Shinn v. Kayer
Federal habeas court may not disturb state court's decision unless its error lies beyond any possibility for fairminded disagreement. 		Criminal Law and Procedure USSC Dec. 15, 2020
Moore v. Superior Court (People)
Vehicle Code Section 23640 renders all felony and misdemeanor DUI defendants ineligible for pretrial mental health diversion under Penal Code Section 1001.36. 		statutory_interpretation 4DCA/2 Dec. 15, 2020
People v. Maxwell
Officer may search those areas of passenger compartment where officer reasonably expects that probationer could have stowed personal belongings or discarded items when aware of police activity. 		Criminal Law and Procedure 3DCA Dec. 15, 2020
In re Parrish
Although defendant was not the actual killer, he was a major participant who acted with reckless indifference to human life and therefore his habeas petition was properly denied. 		statutory_interpretation 2DCA/8 Dec. 15, 2020
Russell v. Man
Treble damages under Civil Code Section 3346 was reduced to single damages because there was no intentional crossing of boundary lines into land of another to injure timber. 		Remedies 4DCA/2 Dec. 15, 2020
Christian v. Thomas
United States Supreme Court decision in 'McCoy v. Louisiana' has not been made to apply retroactively to cases on collateral review. 		Prisoners' Rights 9th Dec. 15, 2020
Tate v. U.S.
Application to file second motion to vacate conviction for being felon in possession of firearm based on 'Rehaif v. United States' was denied because 'Rehaif' announced new statutory, rather than constitutional, rule. 		Criminal Law and Procedure 9th Dec. 15, 2020
Bernard v. U.S.
Order 		USSC Dec. 14, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Delegation of authority to increase appellant's permitted effluent flow discharge rate based on submission of additional technical evidence was improper delegation of authority. 		Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. State Water Resources Control Board
Trial court improperly concluded that laches was not a valid equitable defense to penalties imposed under Water Code Section 13385. 		Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Although Regional Water Quality Control Board's procedural regulations constituted underground regulation, trial court incorrectly remanded to agency without considering whether use of those regulations was harmless. 		Administrative Agencies 5DCA Dec. 14, 2020
People v. Booker
Trial court prejudicially erred in instructing jury on 'kill zone' theory of concurrent specific intent to prove attempted murder. 		Criminal Law and Procedure 2DCA/7 Dec. 14, 2020
People v. Azcona
Trial court abandoned its gatekeeping responsibility by allowing firearms expert to testify to conclusions not supported by the material on which he relied. 		Criminal Law and Procedure 6DCA Dec. 14, 2020
Amended Opinion: U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. 		statutory_interpretation 9th Dec. 14, 2020
Alfaro v. Superior Court (People)
Trial court was directed to grant defendant's motion for discovery because names and zip codes on master or qualified jury list are disclosable as public records. 		Civil Procedure 1DCA/5 Dec. 11, 2020
People v. Mackreth
Resisting arrest under Penal Code Section 148(a)(1) does not require actual knowledge that the person defendant resists was a police officer. 		statutory_interpretation 6DCA Dec. 11, 2020
People v. Johnson
Trial court erred in interpreting Penal Code Section 1203.2(b)(1) to mean it had authority to terminate defendant's 'parole supervision.' 		Criminal Law and Procedure 1DCA/3 Dec. 11, 2020
Antelope Valley Groundwater Cases
Trial court correctly rejected appellant's claim that it had cognizable water rights as an appropriator for municipal purposes. 		Water Rights 5DCA Dec. 11, 2020
Rutledge v. Pharmaceutical Care Management Assn.
Arkansas Act 900 has neither an impermissible connection with, nor reference, to Employee Retirement Income Security Act of 1974 and is therefore not pre-empted. 		Health Care USSC Dec. 11, 2020
U.S. v. Briggs
Three military service members' prosecutions for rape were timely since Uniform Code of Military Justice's 5-year statute of limitations did not apply to bar their convictions. 		statutory_interpretation USSC Dec. 11, 2020
Carney v. Adams
Respondent lacked standing to challenge Delaware's political balance requirement because he failed to show that he was 'able and ready' to apply for judicial position. 		Constitutional Law USSC Dec. 11, 2020
Tanzin v. Tanvir
Supreme Court ruling permits obtaining money damages against federal officials in their individual capacities for Religious Freedom Restoration Act violations. 		Remedies USSC Dec. 11, 2020
Modification: In re Edgerrin J.
Vague citizen's tip of 'shady' behavior, without more, could not furnish reasonable suspicion to justify detaining four minors. 		Juveniles 4DCA/1 Dec. 11, 2020
In re T.G.
County Department of Children and Family Services failed to adequately investigate mother's claim of Indian ancestry under Indian Child Welfare Act of 1978. 		Dependency 2DCA/7 Dec. 10, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Dec. 10, 2020
South Bay United Pentecostal Church v. Newsom
Order 		9th Dec. 10, 2020
Singh v. Barr
8 U.S.C. Section 1252 clearly and convincingly circumscribes judicial review of motions to reopen credible fear determinations. 		Immigration 9th Dec. 10, 2020
John Doe v. CVS Pharmacy
No healthcare-specific anti-discrimination standard exists under Affordable Care Act, permitting plaintiffs to borrow standards from other anti-discrimination statutes. 		Health Care 9th Dec. 10, 2020
Does v. Wasden
District court erred in dismissing appellants' ex post facto claim alleging retroactive application of Idaho's Sexual Offender Registration Notification and Community Right-to-Know Act was unconstitutional. 		Civil Rights 9th Dec. 10, 2020
People v. Rodriguez
Penal Code Section 1170.95 requires prosecutor to prove beyond reasonable doubt each element of first or second degree murder under current law to establish petitioner's ineligibility for relief. 		statutory_interpretation 2DCA/7 Dec. 9, 2020
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