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Halo Electronics, Inc. v. Pulse Electronics, Inc.
'Seagate' patent infringement test 'unduly rigid' because it requires threshold showing of objective recklessness, even where defendant acted with clear intent to violate patent law.
Patent Law Jun. 13, 2016
Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust
Federal law preempts Puerto Rico's own municipal bankruptcy scheme, the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.
Civil Procedure Jun. 13, 2016
U.S. v. Bryant
ICRA-compliant tribal-court convictions properly used as predicate offenses in federal prosecution for domestic assault by habitual offender under 18 U.S.C. Section 117(a).
Native American Affairs Jun. 13, 2016
Whittaker Corp. v. United States
Munitions company's CERCLA recovery action improperly dismissed where expenses it sought to recover were separate from those for which it was found liable in underlying action.
Environmental Law Jun. 13, 2016
U.S. v. Davis
USSC plurality decision in 'Freeman' allows for resentencing of Rule 11(c)(1)(C) pleas per 18 U.S.C. Section 3582, where Sentencing Commission subsequently lowered sentencing range.
Criminal Law and Procedure Jun. 13, 2016
U.S. v. Beecroft
$107 million forfeiture order entered against defendant for her involvement in mortgage-fraud conspiracy in Las Vegas runs afoul of Excessive Fines Clause.
Criminal Law and Procedure Jun. 13, 2016
U.S. v. Murphy
Though evidence was sufficient to preclude acquittal, medical professional nevertheless escapes conviction for presenting false claims to the United States due to prejudicial instructional error.
Criminal Law and Procedure Jun. 12, 2016
Goodrum v. Busby
Pro se federal habeas petitioner obtains relief due to Ninth Circuit's critically misleading error regarding filing of 'second or successive' habeas petition.
Criminal Law and Procedure Jun. 12, 2016
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error.
Criminal Law and Procedure Jun. 12, 2016
Runningeagle v. Ryan
Federal habeas petitioner denied relief for failing to show cause for the procedural default of his ineffective assistance of counsel claims under 'Martinez.'
Criminal Law and Procedure Jun. 12, 2016
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations.
Administrative Agencies Jun. 12, 2016
Adoption of K.C.
Uniform Child Custody Jurisdiction and Enforcement Act does not apply to adoptions, foreclosing on natural father's jurisdictional objections against child's adoption by stepfather.
Family Law Jun. 12, 2016
E.G. a Minor
Penal Code Section 1000 court-ordered treatment constitutes 'prior court-ordered treatment' for purposes of dependency statute allowing juvenile court to bypass reunification services.
Dependency Jun. 12, 2016
People v. Kozee-Stoltz
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor (2012) 54 Cal.4th 868 be reconsidered in light of Alleyne v. United States (2013) ___ U.S. ___ [113 S.Ct. 2151] and People v. Chiu (2014) 59 Cal.4th 155?
Jun. 10, 2016
People v. Ramirez
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)?
Jun. 10, 2016
People v. Reyes
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Jun. 10, 2016
People v. Sanchez
Order
Jun. 10, 2016
People v. Sauls
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)?
Jun. 10, 2016
People v. Solis
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?
Jun. 10, 2016
Wilde (David Sachio) on H.C.
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?
Jun. 10, 2016
Fabricant v. S.C. (People)
Order
Jun. 10, 2016
People v. Cisneros
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?
Jun. 10, 2016
People v. Florez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)?
Jun. 10, 2016
People v. Gonzalez
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)?
Jun. 10, 2016
People v. Hall
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?
Jun. 10, 2016
People v. Brown
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?
Jun. 9, 2016
People v. Helm
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)?
Jun. 9, 2016
People v. Hill
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)?
Jun. 9, 2016
People v. Keeney
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?
Jun. 9, 2016
People v. King
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?
Jun. 9, 2016