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Drury v. Ryan
Trial court's refusal to allow negligence per se jury instruction was reversible error where defendant's traffic violation led to collision.
Torts, Evidence 4DCA/3 Mar. 25, 2025
U.S. v. Steinman
Thirty-minute-long traffic stop was not unreasonably prolonged where officer questioned defendant while writing the citation and waiting for the criminal history check.
Criminal Law and Procedure, Evidence 9th Mar. 6, 2025
Sheehy v. Chicago Title Insurance Co.
Trial court's order granting motion in limine to preclude attorney's expert testimony was not directly appealable.
Civil Procedure, Evidence 4DCA/3 Jan. 23, 2025
U.S. v. Velazquez
In cases confined to drug importation charges, courts do not abuse their discretion when admitting relevant, probative, not unduly prejudicial evidence of the retail value of narcotics.
Criminal Law and Procedure, Evidence 9th Jan. 22, 2025
U.S. v. Shuemake
Where witness's earlier sworn statement contradicted his grand jury statements, district court did not err in admitting the statement.
Criminal Law and Procedure, Evidence 9th Dec. 27, 2024
People v. Baugh
Trial court did not err by refusing to order prosecutor to obtain evidence regarding victim witness' alleged schizophrenia diagnosis.
Criminal Law and Procedure, Evidence 1DCA/3 Dec. 23, 2024
Teradata Corp. v. SAP SE
District court abused its discretion by excluding an expert's testimony on market definition in trade secrets and antitrust action.
Antitrust, Evidence 9th Dec. 20, 2024
People v. Caratachea
Trial court was not required to conduct a sua sponte Evidence Code Section 352 inquiry where attorney did not request exclusion.
Criminal Law and Procedure, Evidence 4DCA/1 Dec. 17, 2024
Modification: People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction.
Criminal Law and Procedure, Evidence 3DCA Dec. 9, 2024
People v. Hall
As children's statements made to officers investigating 911 hang-up were in response to an ongoing emergency, admission of those statements through officers' testimony did not violate Confrontation Clause.
Criminal Law and Procedure, Evidence 5DCA Dec. 9, 2024
U.S. v. Dorsey
Officer's lay opinion testimony regarding surveillance videos was properly admitted because it was based on personal knowledge and was helpful to the jury in determining a fact in issue.
Evidence, Criminal Law and Procedure 9th Dec. 5, 2024
Modification: People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts.
Criminal Law and Procedure, Evidence 4DCA/1 Nov. 22, 2024
People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction.
Criminal Law and Procedure, Evidence 3DCA Nov. 20, 2024
U.S. v. Porter
Admission of propensity evidence does not violate Fifth Amendment due process principles where courts evaluate whether the probative value outweighs the potential for prejudice under Rule of Evidence 403.
Evidence, Criminal Law and Procedure 9th Nov. 18, 2024
People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts.
Criminal Law and Procedure, Evidence 4DCA/1 Oct. 29, 2024
Richard v. Union Pacific Railroad Co.
Exclusion of expert testimony was error where the witness had experience and knowledge operating trains on tracks where accident occurred that could have assisted the jury in making its determination.
Evidence 2DCA/3 Oct. 28, 2024
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial.
Criminal Law and Procedure, Evidence 4DCA/1 Oct. 2, 2024
Gregory v. State of Montana
District court improperly imposed severe evidentiary sanctions against defendants who had not displayed the requisite intent to destroy surveillance footage.
Evidence, Civil Procedure 9th Sep. 30, 2024
Hyer v. City and County of Honolulu
Excluding expert reports in their entirety was error where the reports relied on facts that were not in evidence and were not speculative or unreliable, and exclusion resulted in prejudice.
Evidence 9th Sep. 24, 2024
Review granted: Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history.
Evidence 4DCA/1 Sep. 23, 2024
Huntsman-West Foundation v. Smith
Trial court properly granted summary judgment for defendant, who had no control over premises on which plaintiffs' property was stored and eventually lost.
Torts, Evidence 4DCA/2 Sep. 10, 2024
People v. Tidd
Expert testimony linking gun cartridge to defendant's firearm lacked foundation, and its admission was both erroneous and prejudicial.
Evidence 1DCA/3 Sep. 3, 2024
DiMaggio v. Superior Court (People)
Trial court erred in applying good faith exception to exclusionary rule when police obtained the evidence by disregarding the timeframe limits specified in the warrant.
Criminal Law and Procedure, Evidence 6DCA Sep. 3, 2024
Malinowski v. Martin
Dashcam evidence of communications during supervised exchange of children involved in a domestic violence dispute was not confidential under the Privacy Act.
Evidence, Family Law 1DCA/3 Aug. 26, 2024
Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history.
Evidence 4DCA/1 Jul. 25, 2024
BillFloat, Inc. v. Collins Cash Inc.
Because survey design issues did not render likelihood-of-confusion survey unreliable, district court's admission of survey was not abuse of discretion.
Evidence, Intellectual Property 9th Jul. 2, 2024
Smith v. Arizona
Analyst's out-of-court statements offered in support of testifying expert's opinion were admitted for their truth where they were used to support the expert's opinion but only provided support if true.
Evidence USSC Jun. 24, 2024
Diaz v. United States
Expert testimony about most drug couriers' mental states generally was not an opinion on the defendant's specific mental state when she was caught transporting drugs, so it was admissible.
Evidence, Criminal Law and Procedure USSC Jun. 21, 2024
Audish v. Macias
Trial court did not abuse its discretion by admitting limited evidence about plaintiff's future eligibility for Medicare and expected amounts Medicare might pay for future medical services.
Evidence, Torts 4DCA/1 Jun. 10, 2024
U.S. v. Blackshire
Domestic violence criminal defendant forfeited confrontation rights where evidence showed he intentionally took affirmative steps to dissuade the witness from testifying.
Evidence 9th Apr. 22, 2024