| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-775
|
Dept. of H&HS v. CNS Int'l Ministries
Order |
|
May 18, 2016 | ||
|
15-812
|
University of Notre Dame v. Burwell
Order |
|
May 18, 2016 | ||
|
15-1003
|
Diocese of Fort Wayne-South Bend v. Burwell
Order |
|
May 18, 2016 | ||
|
15-1004
|
Grace Schools v. Burwell
Order |
|
May 18, 2016 | ||
|
15-834
|
University of Dallas v. Burwell
Order |
|
May 18, 2016 | ||
|
14-50509
|
U.S. v. Quintero-Leyva
Defendant successfully obtains re-sentencing on importation of methamphetamine conviction to allow for retroactive application of amendment to minor role reduction under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
A145625
|
In re Johnson
In light of 'People v. Chiu,' defendant's conviction for first degree premeditated murder based on natural and probable consequences theory of aiding and abetting vacated. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
B264637
|
People v. Vasquez
Trial court lacks authority to vacate completed sentence on prior felony conviction that qualified for redesignation as a misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
May 18, 2016 | |
|
15-338
|
Sheriff v. Gillie
Special counsel's use of Ohio Attorney General's letterhead to collect state-owed debts does not run afoul of the Fair Debt Collection Practices Act. |
Consumer Law |
|
May 17, 2016 | |
|
13-1339
|
Spokeo Inc. v. Robins
Failure to consider both concreteness and particularization when analyzing injury-in-fact for Article III standing results in vacated judgment and remand. |
Constitutional Law |
|
May 17, 2016 | |
|
15-145
|
Husky International Electronics Inc. v. Ritz
Debtor may not discharge debts obtained by 'actual fraud,' which encompass debtor's fraudulent intercompany-transfer scheme, though he made no false representations to creditor. |
Bankruptcy |
|
May 17, 2016 | |
|
14-1132
|
Merrill Lynch, Pierce, Fenner and Smith Inc. v. Manning
Shareholders successful in winning remand to state court following clarification of jurisdictional test under Section 27 of Securities and Exchange Act. |
Securities |
|
May 17, 2016 | |
|
14-1418
|
Zubik v. Burwell
Cases challenging federal regulation requiring petitioners provide contraceptive coverage unless they submit form objecting on religious grounds vacated and remanded in light of parties' supplemental briefing. |
Health Care |
|
May 17, 2016 | |
|
15-833
|
Kernan v. Hinojosa
Ninth Circuit improperly reviews California inmate's ex post facto claim de novo rather than through AEDPA's deferential lens, warranting reversal of habeas relief. |
Criminal Law and Procedure |
|
May 17, 2016 | |
|
13-17132
|
Teixeira v. County of Alameda
Challenged ordinance restricting location of gun shops should have received higher level of scrutiny than rational basis review. |
Constitutional Law |
|
May 17, 2016 | |
|
B261842
|
People v. Herrera
Murder conviction overturned where court's evidentiary ruling effectively precluded defendant from presenting defense that he was in a dissociative, PTSD-induced fog when he committed murder. |
Criminal Law and Procedure |
|
May 17, 2016 | |
|
B262956
|
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing. |
Criminal Law and Procedure |
|
May 17, 2016 | |
|
D068557
|
People v. Berg
Grant of habeas corpus petition affirmed in case where defendant sentenced to life without possibility of parole for first degree murder committed at age 17. |
Criminal Law and Procedure |
|
May 16, 2016 | |
|
B256792
|
Lopez v. Sony Electronics Inc.
Summary judgment properly granted for defendant in action alleging birth defects due to chemical exposure where action barred under six-year statute of limitations. |
Civil Procedure |
|
May 16, 2016 | |
|
E063305
|
People v. Mariscal
Reversal not required where prosecution consistently indicates One Strike circumstance relates to one count even though information mistakenly pleads circumstance as to another count. |
Criminal Law and Procedure |
|
May 13, 2016 | |
|
S232607
|
Alvarado v. Dart Container Corporation of California
What is the proper method for calculating the rate of overtime pay when an employee receives both an hourly wage and a flat sum bonus? |
Labor Law |
|
May 13, 2016 | |
|
S232674
|
People v. Mateo
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? |
|
May 13, 2016 | ||
|
S233634
|
People v. Bias
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, § 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 13, 2016 | ||
|
S233563
|
People v. Fernandez
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
May 13, 2016 | ||
|
15-30001
|
U.S. v. LaCoste
For defendant convicted of conspiracy to commit securities fraud, supervised release conditions imposing total ban on internet use and a residency restriction vacated and remand ordered. |
Criminal Law and Procedure |
|
May 13, 2016 | |
|
12-70635
|
Perez-Arceo v. Lynch
Petition for review granted and remand required in order for immigration judge to further explain reasons supporting adverse credibility determination. |
Immigration |
|
May 13, 2016 | |
|
C077098
|
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. |
Criminal Law and Procedure |
|
May 13, 2016 | |
|
S233465
|
People v. Flaherty
The court ordered briefing deferred pending decision in People v. Page, S230793, which concerns the application of Proposition 47 to the offense of unlawful taking or driving a vehicle, and People v. Romanowski, S231405, which concerns the application of Proposition 47 to theft-related offenses such as theft of access card information. |
|
May 13, 2016 | ||
|
S233546
|
People v. Root
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (§ 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 13, 2016 | ||
|
S233201
|
People v. Ruff
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 13, 2016 |
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