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U.S. v. Nixon
Appropriations rider has no impact on the ability of federal district court to restrict medical marijuana use as a condition of defendant's probation.
Criminal Law and Procedure Oct. 17, 2016
U.S. v. Dowai
Challenge to authority of Northern Mariana Island District Court to hear federal criminal cases rejected, resulting in affirmance of convictions.
Criminal Law and Procedure Oct. 17, 2016
United States v. Camez
Juvenile Delinquency Act does not prohibit jury from considering pre-majority conduct for conviction of participation in a criminal enterprise before and after turning 18.
Criminal Law and Procedure Oct. 17, 2016
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief.
Criminal Law and Procedure Oct. 17, 2016
Marriage of Nassimi
Family court erroneously finds ex-husband solely responsible for costs of lawsuit related to sale of community business involving claims omitted from couple's stipulated judgment of dissolution.
Family Law Oct. 17, 2016
Anderson Union High Sch. Dist. v. Shasta Secondary Home Sch.
Resource center operated by nonclassroom-based charter school must be within confines of charter-granting school district under Charter Schools Act.
Education Oct. 17, 2016
Nguyen v. Applied Medical Resources Corp
'Sandquist' requires arbitrator, not court, to decide availability of class arbitration, where employment contract is ambiguous on the question.
Civil Procedure Oct. 17, 2016
Wang v. Nibbelink
Landowner not liable for injury caused by recreational user's runaway horse to off-premises nonparticipant.
Immunity Oct. 16, 2016
United Auburn Indian Community v. Brown
Governor's concurrence with Department of Interior decision regarding Indian casino, execution of gaming compact not legislative act violating separation of powers doctrine.
Native American Affairs Oct. 16, 2016
T-Mobile West LLC v. City and County of San Francisco
San Francisco may regulate construction of telephone facilities based on aesthetic purposes under Public Utilities Code Section 7901.
Municipal Law Oct. 16, 2016
Building Industry Association v. City of San Ramon
City of San Ramon's establishment of community facilities district and imposition of special taxes complied with Mello-Roos Act, defeating lawsuit challenging the tax's validity.
Government Oct. 16, 2016
State of California v. Superior Court (Flynn)
Order compelling CHP to produce unredacted records containing personal information derived from CHP 180 forms erroneous in light of 'County of Los Angeles v. Superior Court (Anderson-Barker).'
Public Records Act Oct. 16, 2016
Union of Medical Marijuana Patients Inc. v. City of San Diego (California Coastal Commission)
City's ordinance regulating medical marijuana businesses is not 'project' within meaning of CEQA; therefore, city properly determined environmental analysis not required before enactment.
Environmental Law Oct. 16, 2016
R.L., a Minor
California court's order terminating parental rights upheld though it erroneously found 'home state' jurisdiction over child based on brief hospital stay in San Diego.
Dependency Oct. 16, 2016
California Public Records Research v. County of Yolo
Official records copying fee structure may include consideration of broader office overhead as 'indirect cost' under Gov. Code Section 27366.
Administrative Agencies 1DCA/3 Oct. 16, 2016
NIFLA v. Harris
FACT Act, requiring licensed pregnancy centers to notice patrons of abortion availability, not subject to strict scrutiny; withstands intermediate scrutiny.
Constitutional Law Oct. 16, 2016
Ziober v. BLB Resources Inc.
Servicemember must submit to arbitration of employment dispute, where Uniformed Services Employment and Reemployment Rights Act does not prohibit compelled arbitration of claims arising under its provisions.
Arbitration Oct. 16, 2016
McDaniels v. Kirkland
On remand, Ninth Circuit again upholds denial of habeas relief to two California state prisoners after considering entire state-court record, including materials not presented to state appellate court.
Criminal Law and Procedure Oct. 16, 2016
People v. Donley
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
In re Reno F.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision?
Oct. 14, 2016
People v. Kirkland
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Oct. 14, 2016
People v. Kirsch
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
People v. Norman
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
People v. Rocheleau
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
People v. Rushing
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)?
Oct. 14, 2016
People v. Segobia
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
People v. Shahmohamadian
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
People v. Shields
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Oct. 14, 2016
Passineau (Brett Anthony) on H.C.
Order
Oct. 14, 2016
Montrose Chemical Corporation of California v. S.C. (Canadian Universal Insurance Company)
Order
Oct. 14, 2016