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Name Category Published
Grant v. Swarthout
Federal habeas petitioner is not ineligible for equitable tolling where petitioner files late but within AEDPA statute of limitations period.
Prisoners' Rights 9th Jul. 10, 2017
In re Taitano
Under specific circumstances of defendant’s case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant’s mental competence.
Criminal Law and Procedure California Courts of Appeal - 1st District Jul. 7, 2017
U.S. v. Ochoa
Illegal reentry conviction overturned where underlying removal was based on prior conviction that did not categorically qualify as predicate offense.
Criminal Law and Procedure 9th Jul. 7, 2017
Padilla-Ramirez v. Bible
Alien detained subject to removal orders not entitled to bond hearing typically available to those detained ‘pending decision on removal,’ and despite ongoing withholding only proceedings.
Immigration 9th Jul. 7, 2017
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief.
Criminal Law and Procedure 9th Jul. 7, 2017
Lynch v. California Coastal Commission
Homeowners forfeit right to challenge coastal development permit’s conditions by accepting permit and rebuilding damaged seawall.
Real Property CASC Jul. 7, 2017
Petitpas v. Ford Motor Co.
Plaintiffs unsuccessful in challenging defense verdicts and rulings in case alleging mesothelioma resulting from asbestos exposure.
Torts California Courts of Appeal Jul. 7, 2017
U.S. v. Padilla-Diaz
Defendants’ motion to reduce sentences properly denied pursuant to Sentencing Commission’s Policy Statement where policy neither conflicted with Commission’s purpose nor violated equal protection.
Criminal Law and Procedure 9th Jul. 6, 2017
Seneca Insurance Co. Inc. v. Strange Land Inc.
Application of ‘Colorado River’ abstention inappropriate where insurance dispute was not ‘exceptional’ to warrant disregarding federal court’s ‘virtually unflagging obligation’ to exercise its jurisdiction.
Civil Procedure 9th Jul. 6, 2017
Demetris v. Transport Workers Union of America, AFL-CIO
Labor union's decision to distribute proceeds of bankruptcy settlement to all of its members unevenly does not violate duty of fair representation.
Labor Law 9th Jul. 6, 2017
Flores v. Sessions
Ninth Circuit upholds bond hearing requirement for unaccompanied minors, rejecting government claim that statutes invalidate key provision of consent decree.
Immigration 9th Jul. 6, 2017
McKeen-Chaplin v. Provident Savings Bank
FLSA administrative exemption inapplicable where underwriters' primary duties are classified as production work rather than administrative work.
Labor Law 9th Jul. 6, 2017
Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant’s constitutional rights under ‘Estelle v. Smith.’
Criminal Law and Procedure 9th Jul. 6, 2017
People v. Resendez
Gang enhancement properly imposed where defendant’s own character witnesses provided direct evidence of connection between gang and subsets that ‘Prunty’ required.
Criminal Law and Procedure California Courts of Appeal - 2nd District Jul. 5, 2017
Wang v. Sessions
Relief from removal properly denied where immigration judge’s adverse credibility finding was supported by substantial evidence, including anomalies in supporting documentation and applicant’s demeanor.
Immigration 9th Jul. 5, 2017
U.S. v. Zapien
Drug offender’s suppression motion properly denied where questioning that followed his invocation of right to counsel fell under booking exception to ‘Miranda.’
Criminal Law and Procedure 9th Jul. 5, 2017
Modification: IAR Systems Software Inc. v. Superior Court (Shehayed)
Modification
Jul. 5, 2017
Tustin Field Gas & Food v. Mid-Century Ins. Co.
Opinion
California Court of Appeal - 2nd District Jul. 5, 2017
Irvin v. Contra Costa County Employees’ Retirement Assoc.
Legally separated spouses are deemed surviving spouses for purposes of continuance benefits under Government Code Section 31760.2.
Government California Court of Appeal - 1st District Jul. 5, 2017
People v. Valencia
Proposition 47’s definition of ‘unreasonable risk of danger to public safety’ under Penal Code Section 1170.18(c), does not apply to Three Strikes Reform Act resentencing petitions.
Criminal Law and Procedure CASC Jul. 5, 2017
Hall v. Haws
Petitioner convicted of first degree murder successful in reopening his case under Federal Rule of Civil Procedure Rule 60(b)(6) and in obtaining habeas relief.
Criminal Law and Procedure 9th Jul. 5, 2017
People v. Hopson
Admission of alleged co-perpetrator’s confession post-death violates defendant’s Sixth Amendment’s right to confront witnesses against her, resulting in reversal and remand.
Criminal Law and Procedure CASC Jul. 5, 2017
Cinema West v. Baker
Development project classified as 'public work' under the prevailing wage law, where its necessary parts make up 'integrated whole.'
Labor Law California Court of Appeal - 1st District Jul. 5, 2017
I.F., a Minor
Juvenile’s motion to seal records erroneously denied where court applied former statute instead of statute that governed such motions at time it finally decided motion.
Juveniles California Courts of Appeal - 1st District Jul. 3, 2017
Godoy v. Spearman
En banc court grants convicted murderer habeas relief in case involving alleged misconduct of juror who had been texting ‘judge friend’ during trial.
Criminal Law and Procedure 9th Jul. 3, 2017
Duarte v. Pacific Specialty Insurance Co.
Insured successful in overturning ruling in insurer’s favor, where insurer fails to prove rescission defense.
Insurance California Courts of Appeal Jul. 3, 2017
Trejo v. Johnson & Johnson
Ibuprofen manufacturer wins new trial due to jury’s inconsistent verdicts on negligent failure to warn and strict liability failure to warn.
Torts California Courts of Appeal Jul. 3, 2017
Jarman v. HCR Manorcare
Order
CASC Jun. 30, 2017
K.R. v. Superior Court (People)
California Supreme Court reiterates general rule plainly articulated in ‘Arbuckle’ providing for same-judge guarantee as term implied in every plea agreement in adult, juvenile court.
Juveniles CASC Jun. 30, 2017
Jacks v. City of Santa Barbara
Surcharge imposed on electricity bills in exchange for franchise rights is valid fee rather than tax, provided amount bears reasonable relationship to value of property interest.
Tax CASC Jun. 30, 2017