| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-6300
|
Slaton v. Alabama
Order |
|
May 24, 2016 | ||
|
15-6306
|
Flowers v. Alabama
Order |
|
May 24, 2016 | ||
|
15-6904
|
Barnes v. Alabama
Order |
|
May 24, 2016 | ||
|
15-6905
|
Barnes v. Alabama
Order |
|
May 24, 2016 | ||
|
14–8349
|
Foster v. Chatman
Georgia Supreme Court's rejection of convicted murderer's 'Batson' claims clearly erroneous in light of prosecution's persistent focus on race, demonstrating racial animosity. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
14-1504
|
Wittman v. Personhuballah
Members of Congress from Virginia, who intervened to defend congressional redistricting in suit alleging racial gerrymandering, lack standing to appeal judgment striking down redistricting. |
Constitutional Law |
|
May 24, 2016 | |
|
14-613
|
Green v. Brennan
Federal employee alleging constructive discharge wins reversal of summary judgment in employer's favor where limitations period began running only after he resigned. |
Employment Law |
|
May 24, 2016 | |
|
14-55281
|
In the Matter of Castaic Partners II
Where underlying bankruptcy proceedings have been finalized and dismissed, appeal is moot. |
Bankruptcy |
|
May 24, 2016 | |
|
13-35972
|
Kelly v. Wengler
Award of attorney fees to plaintiffs' counsel representing prisoners affirmed following contempt order against prison staffing company found in violation of settlement agreement. |
Prisoners Rights |
|
May 24, 2016 | |
|
S209927
|
Webb v. Special Electric Co., Inc.
Entry of judgment notwithstanding the verdict in favor of asbestos supplier unjustified, where substantial evidence supports jury's verdict on failure to warn claim. |
Torts |
|
May 24, 2016 | |
|
S220247
|
People v. Robinson
Where same evidence is required to support all elements of misdemeanor sexual battery and sexual battery by fraudulent representation, former offense is not lesser included offense of the latter. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
B249467
|
People v. Aleman
Cronies fail to escape murder conviction in killing of 'big shot' they have had 'beef' with in light of compelling evidence against them. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
B258587
|
People v. Cowan
Although prosecutor commits misconduct in stating incorrect presumption of innocence, error harmless beyond reasonable doubt due partly to proper instructions and overwhelming evidence of guilt. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
C073865
|
Dept. of Corrections and Rehabilitation v. State Personnel Board (Iqbal)
State Personnel Board wrongly revoked parole agent's discipline based on erroneous interpretation of POBRA's statute of limitations. |
Government |
|
May 24, 2016 | |
|
14-55756
|
Farkas v. Williams
Civil Service Reform Act precludes naval golf instructor's 'Bivens' claim alleging retaliation for whistleblowing and unconstitutional seizure of his personal effects during on-base interview. |
Civil Procedure |
|
May 24, 2016 | |
|
14-55484
|
Rich v. Shrader
Dismissal of Employee Retirement Income Security Act claims against former employer affirmed where stock rights plan does not qualify as plan under the Act. |
Employment Law |
|
May 24, 2016 | |
|
14-55387
|
Sialoi v. City of San Diego
San Diego Police officers not entitled to qualified immunity for disrupting Samoan family's peaceful children's birthday party. |
Immunity |
|
May 24, 2016 | |
|
14-35897
|
Carrillo-Carrillo v. Coursey
Dismissal of federal habeas petition reversed where petitioner fairly presents to Oregon courts his claims that trial counsel rendered ineffective assistance. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
E062858
|
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
G050514
|
Charton v. Harkey
Defendant, a prevailing party, wins reversal of court's order reducing across-the-board costs based on number of jointly represented defendants. |
Civil Procedure |
|
May 24, 2016 | |
|
H040942
|
People v. Espino
Consent given to vehicle search while defendant was unlawfully under arrest is not valid because not voluntarily given. |
Criminal Law and Procedure |
|
May 24, 2016 | |
|
14-55224
|
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes. |
Civil Procedure |
|
May 23, 2016 | |
|
14-15472
|
Edison v. United States
Dismissal of prisoners' complaints relating to Valley Fever infections reversed where independent contractor exception to Federal Tort Claims Act does not bar claims. |
Torts |
|
May 23, 2016 | |
|
13-56330
|
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B). |
Remedies |
|
May 23, 2016 | |
|
E062725
|
People for Proper Planning v. City of Palm Springs
Nonprofit group prevails in challenge to city's approval of resolution amending city's general plan to remove minimum density requirements for residential developments. |
Environmental Law |
|
May 23, 2016 | |
|
D068595
|
Ivan N., a Minor
Juvenile ward placed under supervision of probation officer is not entitled to additional hearing regarding his educational preferences as 'foster child.' |
Juveniles |
|
May 23, 2016 | |
|
G050468
|
Conservatorship of Bower
In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse. |
Conservatorship |
|
May 23, 2016 | |
|
D068831
|
Elena S. v. Kroutik
Restraining order affirmed where defendant does not provide reporter's transcript to support argument he did not stipulate to having a commissioner hear the matter. |
Family Law |
|
May 20, 2016 | |
|
S233508
|
Kirchner (Kristopher) on H.C.
When a juvenile offender seeks relief from a life-without-parole sentence that has become final, does Penal Code Section 1170(d)(2), which permits most juvenile offenders to petition for recall of a life-without-parole sentence imposed pursuant to Section 190.5 after 15 years, provide an adequate remedy under Miller v. Alabama (2012) as recently construed in Montgomery v. Louisiana (2016)? |
|
May 20, 2016 | ||
|
S233099
|
People v. Adams
Is a total term of imprisonment of 50 years to life for murder committed by a juvenile offender the functional equivalent of LWOP? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Did Senate Bill 260 (parole suitability hearings for most juvenile offenders) render moot any claim that such a sentence violates the Eighth Amendment? |
|
May 20, 2016 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com