| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-16696
|
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 | |
|
B223024
|
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 | |
|
D058385
|
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 | |
|
07-73592
|
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 | |
|
10-17007
|
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 | |
|
10-17636
|
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 | |
|
10-99017
|
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 | |
|
B231245
|
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 | |
|
edwards
|
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 | |
|
B228314
|
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 | |
|
B224456
|
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 | |
|
C065094
|
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 | |
|
S080947
|
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 | |
|
S055652
|
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 | |
|
06-74444
|
Rodriguez v. Holder
Order |
|
Feb. 7, 2012 | ||
|
09-72910
|
San Agustin v. Holder
Order |
|
Feb. 7, 2012 | ||
|
09-74038
|
Jex v. Holder
Order |
|
Feb. 7, 2012 | ||
|
10-70629
|
Pocasangre Holder
Order |
|
Feb. 7, 2012 | ||
|
10-15167
|
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 | |
|
10-50361
|
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 | |
|
10-71869
|
Mata-Fasardo v. Holder
Order |
|
Feb. 7, 2012 | ||
|
A125557
|
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 | |
|
B230595
|
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 | |
|
04-55831
|
Smith v. Cavazos
Order |
|
Feb. 6, 2012 | ||
|
08-17565
|
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 | |
|
10-55642
|
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 | |
|
11-55587
|
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 | |
|
A132589
|
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 | |
|
B228244
|
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 | |
|
S198491
|
In re Daniel C.
Order |
|
Feb. 3, 2012 |