Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-50120
|
U.S. v. Bacon
When panel of this court concludes that district court committed non-harmless 'Daubert' error, panel has discretion to impose remedy 'as may be just under circumstances.' |
Evidence |
|
S. Thomas | Nov. 6, 2020 |
C077992
|
People v. Winkler
During murder trial of defendant's third wife, trial court erred by presenting evidence of defendant's second wife's death in 1999, but error was harmless given strength of admissible evidence. |
Evidence |
|
W. Murray | Nov. 4, 2020 |
C083250
|
Carroll v. Commission on Teacher Credentialing
Trial court abused its discretion by permitting plaintiff's counsel to question defendant witnesses on, and asking jury to draw negative inferences from, defendant's exercise of attorney-client privilege. |
Evidence |
|
H. Hull | Oct. 26, 2020 |
G057657
|
People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see. |
Evidence |
|
R. Ikola | Oct. 21, 2020 |
E074417
|
People v. Villa
While evidence of victim's application for U visa was relevant to show motive to testify falsely, trial court did not abuse its discretion by excluding it under Evidence Code Section 352. |
Evidence |
|
M. Slough | Oct. 20, 2020 |
B298637
|
People v. DelRio
Evidence of victim's previous domestic violence arrests was admissible when defendant claimed self-defense in homicide case. |
Evidence |
|
J. Wiley | Sep. 2, 2020 |
18-10446
|
U.S. v. Berckmann
District court did not abuse its discretion by admitting evidence pertaining to other attacks as non-propensity evidence. |
Evidence |
|
J. Owens | Aug. 21, 2020 |
18-10500
|
U.S. v. Lague
A medical professional's practice-wide prescription data is probative of unlawful intent in a 21 U.S.C. Section 841 charge. |
Evidence |
|
J. Wallace | Aug. 21, 2020 |
A156843
|
People v. Liggins
Defendant's due process right to confront witness was violated at his probation revocation hearing when hearsay statements were admitted without a showing of witness unavailability or good cause. |
Evidence |
|
J. Streeter | Aug. 10, 2020 |
B296380
|
People v. Munch
Child Sexual Abuse Accommodation Syndrome evidence is relevant and admissible to advise jurors that self-impeaching behavior is not unusual for sexually abused children. |
Evidence |
|
A. Gilbert | Jul. 22, 2020 |
A156708
|
Delgado v. California Dept. Motor Vehicles
Laboratory's affidavit stating there was no record of officer's qualification to administer alcohol test, was not sufficient to show that officer was not qualified to administer the test. |
Evidence |
|
A. Tucher | Jun. 16, 2020 |
D075280
|
People v. Tran
Expert's videos were analogous to charts and were used to help others understand surveillance footage; thus, videos were not subject to 'Kelly-Frye' test. |
Evidence |
|
R. Huffman | Jun. 11, 2020 |
S253295
|
Hart v. Keenan Properties, Inc.
Witness observations of names and logos were not hearsay because they were relevant to prove disputed link between defendant and pipes and were not offered for truth of their content. |
Evidence |
|
C. Corrigan | May 22, 2020 |
A153421
|
Lowery v. Kindren Healthcare Operating, Inc.
Trial court properly excluded expert witness because his declaration provided no explanation as to why he opined that defendant's alleged lack of untimely treatment caused decedent's death. |
Evidence |
|
S. Pollak | May 20, 2020 |
B292524
|
Waller v. FCA US LLC
Plaintiff's expert testimony was not admissible because the testimony failed to establish any basis for his observation. |
Evidence |
|
E. Lui | May 7, 2020 |
18-17031
|
Mitchell v. U.S.
'Pena-Rodriguez v. Colorado' left untouched law governing investigating and interviewing jurors and thus did not give rise to 'extraordinary circumstances' for purposes of Federal Rule of Civil Procedure 60(b). |
Evidence |
|
S. Ikuta | May 1, 2020 |
18-55417
|
Grodzitsky v. American Honda Motor Co.
District court properly excluded plaintiff's expert opinion as unreliable under 'Daubert' because expert failed to utilize workable standard supporting plaintiff's design defect theory. |
Evidence |
|
J. Rawlinson | Apr. 30, 2020 |
B293746
|
People v. Robinson
Trial court properly sustained the People's objections because defense counsel's questions were cumulative and more prejudicial than probative. |
Evidence |
|
J. Wiley | Apr. 22, 2020 |
D076325
|
Modification: Wood v. Superior Court (CFG Jamacha LLC)
Trial court did not err by ordering production of email petitioner sent to Department of Fair Employment and Housing because petitioner did not establish basis for attorney-client relationship to invoke privilege. |
Evidence |
|
P. Guerrero | Apr. 10, 2020 |
B290236
|
Ford v. City of Los Angeles
Plaintiff's argument that defendant's application for federal funds to improve safety of intersection was not covered by Section 409's privilege was inconsistent with its legislative intent. |
Evidence |
|
E. Grimes | Apr. 3, 2020 |
D076325
|
Wood v. Superior Court (CFG Jamacha LLC)
Trial court did not err by ordering production of email petitioner sent to Department of Fair Employment and Housing because petitioner did not establish basis for attorney-client relationship to invoke privilege. |
Evidence |
|
P. Guerrero | Mar. 17, 2020 |
18-16708
|
Barranco v. 3D Systems Corp.
District court did not abuse its discretion when it excluded evidence of plaintiff's arbitration award as irrelevant and unduly prejudicial. |
Evidence |
|
M. Smith | Mar. 13, 2020 |
D076549
|
People v. Quintanilla
Under Evidence Code Section 1390, it is not sufficient that defendant caused declarant's unavailability; defendant must also have intended that result when engaging in wrongdoing that caused unavailability. |
Evidence |
|
J. Irion | Mar. 4, 2020 |
S249872
|
People v. Veamatahau
The hearsay rule does not bar an expert's testimony regarding his general knowledge and personal observations after expert concluded defendant's seized pills were Xanax. |
Evidence |
|
T. Cantil-Sakauye | Feb. 28, 2020 |
S248730
|
People v. Perez
Defendant's failure to object at trial, before 'People v. Sanchez' was decided, did not forfeit his claim that gang expert's testimony related case-specific hearsay. |
Evidence |
|
J. Groban | Feb. 28, 2020 |
E070658
|
People v. Morales
Admission of interrogation video containing non-testifying law enforcement officer's inculpatory statements about the defendant did not violate the confrontation clause. |
Evidence |
|
M. Raphael | Jan. 16, 2020 |
B292976
|
People v. Venegas
Courts have discretion to refuse to strike firearm enhancements based on the requesting party's criminal record or where there's no good cause to strike. |
Evidence |
|
J. Wiley | Jan. 9, 2020 |
C085433
|
McDermott Ranch v. Connolly Ranch
Trial court carefully evaluated trustworthiness of evidence, including evidence of declarant's stake in outcome of dispute; thus, hearsay statements under Evidence Code Section 1323 were admissible. |
Evidence |
|
P. Krause | Dec. 19, 2019 |
16-17138
|
Crawford v. City of Bakersfield
Testimony from mother of deceased as to her son's history of mental illness relevant to question of whether police officer acted reasonably in using lethal force to subdue him. |
Evidence |
|
G. Feinerman | Dec. 17, 2019 |
D074343
|
People v. Royal
A six-year gap between an incident and a recorded recollection is generally too long to allow for the statement's admission under the past recollection recorded hearsay exception. |
Evidence |
|
R. Huffman | Dec. 12, 2019 |