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Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.'
Criminal Law and Procedure Aug. 17, 2016
St. John of God Retirement & Care Center v. Dept. of Health Care Services (Woods)
Care agency required to readmit resident upon first availability of open bed under 42 Fed. Code of Regulations Section 483.12 despite hospital transfer order from contracted physician.
Health Care Aug. 17, 2016
People v. Medelez
Defendant properly convicted under 'special' luring statute and 'general' attempt statute involving minor he met at work whom he attempted to engage in oral sex with.
Criminal Law and Procedure Aug. 17, 2016
Young v. REMX, Inc.
'Death knell' doctrine inapplicable, rendering order staying and bifurcating plaintiff's representative PAGA claim nonappealable.
Labor Law Aug. 17, 2016
S.N., a Minor
Juvenile court's failure to obtain valid waiver of Mother's right to contested jurisdictional hearing does not warrant reversal of orders adverse to Mother.
Dependency Aug. 17, 2016
People v. Abarca
Banks are considered commercial establishments for purposes of newly enacted misdemeanor shoplifting statute under Penal Code Section 459.5.
Criminal Law and Procedure Aug. 16, 2016
Friends of the Willow Glen Trestle v. City of San Jose
In case challenging city's determination that wooden railroad bridge is not 'historical resource,' application of incorrect standard of judicial review results in reversal and remand.
Environmental Law Aug. 16, 2016
California Building Industry Association v. Bay Area Air Quality Management District
Receptor thresholds adopted by Bay Area air quality public agency not permissible as 'matter of course' in evaluating proposed receptor projects.
Environmental Law Aug. 16, 2016
U.S. v. Romero
Speedy Trial Act ruling affirmed where trial court properly excludes all time during which defendant was incompetent to stand trial.
Criminal Law and Procedure Aug. 16, 2016
NCU Admin. Bd. v. Nomura Home Equity Loan
Extender Statute (part of Financial Institutions Reform Act) supplants other preexisting time limitations in action by federal agency against mortgage security fraudsters.
Statutory Interpretation Aug. 16, 2016
Democratic Party of Hawaii v. Nago
Party challenging open primary system as unduly burdensome of its First Amendment freedom to associate must provide evidence so demonstrating.
Constitutional Law Aug. 16, 2016
Castro v. City of Los Angeles
Objective standard for use of excessive force in 'Kingsley' applies to failure to act in protection of arrestee.
Criminal Law and Procedure Aug. 16, 2016
Washington v. Ryan
In rare case, district court's order denying relief to death row inmate who files notice of appeal one day late reversed, resulting in restoration of appeal rights.
Criminal Law and Procedure Aug. 16, 2016
People v. Nelson
Extensive questionnaire and verbal interrogation of jurors after deadlock constitutes improper intrusion of court influence in death penalty deliberations.
Criminal Law and Procedure Aug. 16, 2016
City of Perris v. Stamper
In condemnation case, application of 'Porterville' doctrine rather than 'project effect rule' results in reversal and remand.
Real Property Aug. 16, 2016
Truck Insurance Exchange v. Workers’ Compensation Appeals Board
Decision precluding insurance company's defense of laches due to seven year delay in bringing claim affirmed where employer's knowledge of injury is imputed to insurer.
Workers' Compensation Aug. 15, 2016
Ellis v. Lyons
Denial of mother's request to modify child custody arrangement is 'infected by legal error' where family court failed to apply rebuttable presumption concerning domestic violence.
Family Law Aug. 15, 2016
Stanislaus County Deputy Sheriffs’ Association v. County of Stanislaus
County's practice does not comport with statute categorically exempting all peace officers, including certain custodial deputies, from prohibition against carrying concealed weapon.
Statutory Interpretation Aug. 15, 2016
Coles v. Glaser
Co-obligors liable to creditor for breach of settlement agreement after creditor forced to surrender most of proceeds to bankruptcy trustee as a preferential payment.
Contracts Aug. 15, 2016
Walters v. Boosinger
Action to quiet title premised on theory of fraud may not be brought 'at any time,' but is subject to three-year limitations period applicable to fraud claims.
Real Property Aug. 15, 2016
Bourne Valley Court Trust v. Wells Fargo Bank, N.A.
Before its amendment, Nevada Revised Statutes section 116.3116's 'opt-in' notice provision facially violated mortgage lenders' constitutional due process rights.
Constitutional Law Aug. 15, 2016
Christ v. Schwartz
Admission of evidence of husband's infidelity does not warrant reversal where entire personal injury case rested upon wife's credibility, which jury rejected.
Evidence Aug. 15, 2016
United States v. Herrera-Rivera
District court's failure to make finding on material matter and willful intent of alleged perjury bars sentence enhancement for obstruction of justice in drug mule case.
Criminal Law and Procedure Aug. 15, 2016
Pesticide Action Network North America v. United States EPA
Order
Administrative Agencies Aug. 15, 2016
Washington v. L.A. Cty. Sheriff's Dep't
Partial 'Heck' dismissals, 'Younger' abstentions not 'strikes' under Prison Litigation Reform Act.
Prisoners Rights Aug. 15, 2016
El-Shaddai v. Wang
Failure to pay filing fee after denial of IFP status in previous cases does not count as 'strike' under the Prisoner Litigation Reform Act.
Prisoners Rights Aug. 15, 2016
People v. Littrell
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Aug. 12, 2016
Ana C., a Minor
Lack of express scienter requirement on probation conditions imposed on joyriding minor does not automatically render certain conditions void for vagueness.
Juveniles Aug. 12, 2016
In re A.C.
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?
Aug. 12, 2016
People v. Linneman
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?
Aug. 12, 2016