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Name Category Published
Perry v. Brown
Proposition 8, which amended state constitution to eliminate right of same-sex couples to marry, violates Fourteenth Amendment of U.S. Constitution.
Constitutional Law Feb. 8, 2012
People v. Murray
Juvenile’s no-parole life sentence for multiple murders is constitutional because categorical prohibition is expressly limited to nonhomicide juvenile offenders.
Juveniles Feb. 8, 2012
People v. Latham
Evidence is sufficient to support finding of second degree murder where parents knew of daughter's potentially fatal condition, but did not seek medical attention.
Criminal Law and Procedure Feb. 8, 2012
Mendoza-Pablo v. Holder
Infant is subjected to persecution where mother's persecution materially impeded her ability to provide for basic needs of her child.
Immigration Feb. 8, 2012
Secalt S.A. v. Wuxi Shenxi Construction Machinery Co. Ltd.
Traction hoist's design does not qualify for trade dress protection where it cannot be shown that design was nonfunctional.
Intellectual Property Feb. 8, 2012
Tri-Valley CAREs v. U.S. Dept. of Energy
Dept. of Energy's environmental assessment is adequate where it provides convincing statement on environmental impacts of possible terrorist attacks on proposed laboratory.
Environmental Law Feb. 8, 2012
Farmer v. McDaniel
Where initial sentence imposes death penalty that is later vacated, state may reimpose death penalty on another basis without violating double jeopardy.
Criminal Law and Procedure Feb. 8, 2012
Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications LLC)
Names of officers involved in officer-involved shootings must be disclosed under California Public Records Act absent showing of interests served by nondisclosure.
Government Feb. 8, 2012
Public Admonishment of Judge Anthony C. Edwards
Judge abuses authority by cancelling court reporter in another judge's cases based on claimed desire to manage court’s expenses.
Judges Feb. 8, 2012
Maaso v. Signer
Arbitration award is properly vacated where one party arbitrator sends ex parte post-arbitration brief without allowing opponent opportunity to respond.
Civil Procedure Feb. 8, 2012
Hotels Nevada v. L.A. Pacific Center Inc.
Court properly compels arbitration of dispute where party agreed to arbitrate dispute if it failed to prove its affirmative defense to arbitration.
Civil Procedure Feb. 8, 2012
Getchell v. Rogers Jewelry
Where plaintiff presents evidence from which reasonable inference can be drawn that defendant or employees created dangerous condition, defendant is charged with notice of condition.
Torts Feb. 8, 2012
People v. Enraca
Defendant waives his right to invoke counsel when he initiated conversation with officer after interrogation ended and freely confessed to committing murders.
Criminal Law and Procedure Feb. 7, 2012
People v. Fuiava
Trial court properly excludes defendant’s proferred evidence that had only marginal relevance to his claim that his shooting of deputy was justified.
Criminal Law and Procedure Feb. 7, 2012
Rodriguez v. Holder
Order
Feb. 7, 2012
San Agustin v. Holder
Order
Feb. 7, 2012
Jex v. Holder
Order
Feb. 7, 2012
Pocasangre Holder
Order
Feb. 7, 2012
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction.
Native American Affairs Feb. 7, 2012
U.S. v. Reyes-Bonilla
In prosecution for illegal reentry, defendant seeking to exclude prior removal order, which violated due process right to counsel, must prove actual prejudice.
Criminal Law and Procedure Feb. 7, 2012
Mata-Fasardo v. Holder
Order
Feb. 7, 2012
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process.
Civil Procedure Feb. 7, 2012
Lewow v. Surfside III Condominium Owners' Assn. Inc.
Good cause allows motion for attorney fees despite failure to timely file based on extension of statutory period following dismissal of bankruptcy proceedings.
Civil Procedure Feb. 6, 2012
Smith v. Cavazos
Order
Feb. 6, 2012
Pacific Rivers Council v. United States Forest Service
U.S. Forest Service fails to take requisite 'hard look' at environmental consequences of changes to Sierra Nevada Forest Plan with respect to fish species.
Environmental Law Feb. 6, 2012
Sauer v. U.S. Dept. of Education
State agency has no statutory obligation to sue federal government for failing to comply with Randolph-Sheppard Vending Stand Act arbitration award.
Administrative Agencies Feb. 6, 2012
Biller v. Toyota Motor Corp.
Arbitrator's final award is valid because arbitrator did not manifestly disregard law by implicitly addressing and denying defendant's affirmative defenses.
Civil Procedure Feb. 6, 2012
Gabriel K., a Minor
Juvenile court may deny reunification services to mother who made no progress toward mitigating drug issues that led to child’s removal.
Juveniles Feb. 6, 2012
People v. Gabriel
Prior felony convictions for possession of assault weapon and cultivation of marijuana involve moral turpitude and are admissible to impeach defendant's credibility.
Criminal Law and Procedure Feb. 6, 2012
In re Daniel C.
Order
Feb. 3, 2012