| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B224163
|
People v. Miranda
Manner in which child victim testified regarding sexual molestation is sufficient evidence to show her lack of capacity to consent to sexual acts. |
Criminal Law and Procedure |
|
Oct. 18, 2011 | |
|
10-1275
|
California Franchise Tax Board v. Wilshire Courtyard (In re Wilshire Courtyard)
Bankruptcy court lacks subject matter jurisdiction over dispute arising under state tax law, rather than Bankruptcy Code. |
Bankruptcy |
|
Oct. 18, 2011 | |
|
F060662
|
L.K., a Minor
Substantial evidence supports finding of child abuse likely to produce great bodily harm where teenager ran over baby and failed to take appropriate steps to help him. |
Juveniles |
|
Oct. 18, 2011 | |
|
10-10612
|
Olds v. United States
Order |
|
Oct. 17, 2011 | ||
|
10-1491
|
Kiobel v. Royal Dutch Petroleum, et al.
Order |
|
Oct. 17, 2011 | ||
|
11-45
|
Elgin v. Dept. of Treasury, et al.
Order |
|
Oct. 17, 2011 | ||
|
11-88
|
Mohamad v. Rajoub
Order |
|
Oct. 17, 2011 | ||
|
11-210
|
United States v. Alvarez
Order |
|
Oct. 17, 2011 | ||
|
08-15567
|
Mattos v. Agarano
Police officers who used stun-guns are entitled to qualified immunity from excessive force claims because law was not clearly established at time of incidents. |
Civil Rights |
|
Oct. 17, 2011 | |
|
B226061
|
First Bank v. East West Bank
Lenders holding deeds of trust secured by same property and recorded concurrently pursuant to standard practice have equal priority, and neither are subsequent purchasers |
Real Property |
|
Oct. 17, 2011 | |
|
E050935
|
Hoag v. Diedjomahor
Court properly grants visitation to grandparent, whose adult child had died, over surviving parent’s objection because reasons for objecting were not credible. |
Family Law |
|
Oct. 17, 2011 | |
|
08-56415
|
Trunk v. City of San Diego
Order |
|
Oct. 16, 2011 | ||
|
10-10517
|
U.S. v. Carper
Night-vision devices do not qualify as ‘non-fully automatic small arms’ for purposes of calculating sentence of defendant convicted of illegal exportation. |
Criminal Law and Procedure |
|
Oct. 16, 2011 | |
|
B230060
|
People v. Williams
Motion to withdraw plea is untimely where motion was filed after court sentenced defendant to prison, and suspended sentence pending completion of probation. |
Criminal Law and Procedure |
|
Oct. 16, 2011 | |
|
B224887
|
People v. Espiritu
Trial court errs in ordering further deliberations after jury returned ‘not true’ verdict regarding allegation court determined to be inconsistent with other jury findings. |
Criminal Law and Procedure |
|
Oct. 16, 2011 | |
|
C066908
|
J.S., a Minor
Juvenile court errs in denying motion to dismiss dependency based on minor's emancipation following marriage, which her mother consented to. |
Juveniles |
|
Oct. 16, 2011 | |
|
F059255
|
People v. Lopez
Special instruction on imminent danger does not foreclose application of imperfect self-defense where there is no likelihood of confusion over meaning of imminence. |
Criminal Law and Procedure |
|
Oct. 16, 2011 | |
|
S196158
|
Reed (Melvin R.) on Habeas Corpus
Order |
|
Oct. 14, 2011 | ||
|
S196838
|
Hauer v. Superior Court (People)
Order |
|
Oct. 14, 2011 | ||
|
S195417
|
Youngblood v. Superior Court (People)
Order |
|
Oct. 14, 2011 | ||
|
S195187
|
People v. Williams
Order |
|
Oct. 14, 2011 | ||
|
S195600
|
People v. Carbajal
Order |
|
Oct. 14, 2011 | ||
|
S196056
|
State of California v. West Bay Builders
Order |
|
Oct. 14, 2011 | ||
|
10-30274
|
U.S. v. LaBuff
Government proves defendant’s Indian status beyond reasonable doubt by showing that defendant received benefits that were reserved only to Indians. |
Native American Affairs |
|
Oct. 13, 2011 | |
|
08-71827
|
Montana Consumer Counsel v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission’s market-based rate policy does not violate Federal Power Act in determining reasonable rates for power wholesalers. |
Administrative Agencies |
|
Oct. 13, 2011 | |
|
09-50285
|
U.S. v. Urena
Refusal to instruct on self-defense is proper where defendant claimed that use of derogatory word was serious threat, which made him feel that he was in danger. |
Criminal Law and Procedure |
|
Oct. 13, 2011 | |
|
10-10323
|
U.S. v. Reyes
Allegations of prosecutorial misconduct are insufficient to vacate CEO's securities fraud conviction because evidence showing personal profits from granting of stock options was not false. |
Criminal Law and Procedure |
|
Oct. 13, 2011 | |
|
10-10433
|
U.S. v. McEnry
Court errs in using personal conduct, instead of offense’s elements, in choosing analogous sentencing guideline for defendant convicted of serving as airman without certificate. |
Criminal Law and Procedure |
|
Oct. 13, 2011 | |
|
H036970
|
Ochoa v. Superior Court (Glasgow)
In proceeding challenging denial of parole, court abuses discretion by ordering disclosure of or nonreliance on confidential information from prison informants. |
Criminal Law and Procedure |
|
Oct. 13, 2011 | |
|
10-35623
|
Russell Country Sportsmen v. U.S. Forest Service
Montana Wilderness Study Act of 1977 does not prohibit U.S. Forest Service from enhancing wilderness character of study area to preserve character against decline. |
Environmental Law |
|
Oct. 12, 2011 |