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People v. Cowan
Although prosecutor commits misconduct in stating incorrect presumption of innocence, error harmless beyond reasonable doubt due partly to proper instructions and overwhelming evidence of guilt.
Criminal Law and Procedure May 24, 2016
Dept. of Corrections and Rehabilitation v. State Personnel Board (Iqbal)
State Personnel Board wrongly revoked parole agent's discipline based on erroneous interpretation of POBRA's statute of limitations.
Government May 24, 2016
Farkas v. Williams
Civil Service Reform Act precludes naval golf instructor's 'Bivens' claim alleging retaliation for whistleblowing and unconstitutional seizure of his personal effects during on-base interview.
Civil Procedure May 24, 2016
Rich v. Shrader
Dismissal of Employee Retirement Income Security Act claims against former employer affirmed where stock rights plan does not qualify as plan under the Act.
Employment Law May 24, 2016
Sialoi v. City of San Diego
San Diego Police officers not entitled to qualified immunity for disrupting Samoan family's peaceful children's birthday party.
Immunity May 24, 2016
Carrillo-Carrillo v. Coursey
Dismissal of federal habeas petition reversed where petitioner fairly presents to Oregon courts his claims that trial counsel rendered ineffective assistance.
Criminal Law and Procedure May 24, 2016
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47.
Criminal Law and Procedure May 24, 2016
Charton v. Harkey
Defendant, a prevailing party, wins reversal of court's order reducing across-the-board costs based on number of jointly represented defendants.
Civil Procedure May 24, 2016
People v. Espino
Consent given to vehicle search while defendant was unlawfully under arrest is not valid because not voluntarily given.
Criminal Law and Procedure May 24, 2016
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes.
Civil Procedure May 23, 2016
Edison v. United States
Dismissal of prisoners' complaints relating to Valley Fever infections reversed where independent contractor exception to Federal Tort Claims Act does not bar claims.
Torts May 23, 2016
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B).
Remedies May 23, 2016
People for Proper Planning v. City of Palm Springs
Nonprofit group prevails in challenge to city's approval of resolution amending city's general plan to remove minimum density requirements for residential developments.
Environmental Law May 23, 2016
Ivan N., a Minor
Juvenile ward placed under supervision of probation officer is not entitled to additional hearing regarding his educational preferences as 'foster child.'
Juveniles May 23, 2016
Conservatorship of Bower
In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse.
Conservatorship May 23, 2016
Elena S. v. Kroutik
Restraining order affirmed where defendant does not provide reporter's transcript to support argument he did not stipulate to having a commissioner hear the matter.
Family Law May 20, 2016
Kirchner (Kristopher) on H.C.
When a juvenile offender seeks relief from a life-without-parole sentence that has become final, does Penal Code Section 1170(d)(2), which permits most juvenile offenders to petition for recall of a life-without-parole sentence imposed pursuant to Section 190.5 after 15 years, provide an adequate remedy under Miller v. Alabama (2012) as recently construed in Montgomery v. Louisiana (2016)?
May 20, 2016
People v. Adams
Is a total term of imprisonment of 50 years to life for murder committed by a juvenile offender the functional equivalent of LWOP? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Did Senate Bill 260 (parole suitability hearings for most juvenile offenders) render moot any claim that such a sentence violates the Eighth Amendment?
May 20, 2016
People v. Almanza
May law enforcement officers conduct a search incident to the authority to arrest for a minor traffic offense, so long as a custodial arrest (even for an unrelated crime) follows? Did Riley v. California (2014) require the exclusion of evidence obtained during the warrantless search of the suspect's cell phone incident to arrest, or did the search fall within the good faith exception to the exclusionary rule (see Davis v. United States (2011)) in light of People v. Diaz (2011)?
May 20, 2016
CRST Van Expedited Inc. v. Equal Employment Opportunity Commission
Employer is 'prevailing party' for purposes of Title VII's fee-shifting provision even if it obtained ruling that was not on the merits.
Employment Law May 20, 2016
Betterman v. Montana
Sixth Amendment's speedy trial guarantee does not apply once defendant has been found guilty at trial or has pled guilty to criminal charges.
Criminal Law and Procedure May 20, 2016
Torres v. Lynch
Federal jurisdictional requirement properly ignored in determining whether state offense counts as 'aggravated felony' for purposes of determining petitioner's eligibility for relief from removal.
Immigration May 20, 2016
Winn v. Pioneer Medical Group Inc.
Plaintiffs unsuccessful in bringing claim of neglect under Elder Abuse Act because defendant health care providers did not have caretaking or custodial relationship with elder.
Torts May 20, 2016
People v. Silva
Failure to notice defendant of his ability to withdraw plea in the event court seeks to impose sentence outside the plea's agreed boundaries requires remand.
Criminal Law and Procedure May 20, 2016
Southwest Regional Council of Carpenters v. Drywall Dynamics Inc.
In labor law case, district court exceeds its authority in vacating arbitration award based on arbitrator's 'implausible' contractual interpretation and on public policy grounds.
Labor Law May 20, 2016
Dale v. Colvin
ALJ errs in according 'limited weight' to nurse practitioner's opinion when determining whether claimant seeking supplemental security income is disabled under Social Security Act.
Administrative Agencies May 20, 2016
Yang v. Lynch
Petition for review granted on a motion to reopen removal proceedings where BIA abuses its discretion by making credibility determinations based on the 'falsus' maxim.
Immigration May 20, 2016
Jimenez v. Roseville City School District
Student may pursue his negligent supervision claim against school district in connection with injuries he suffered while breakdancing on campus.
Torts May 20, 2016
People v. Arendtsz
Penal Code Section 1016.5 motion to vacate nolo contendere plea for felony sexual battery properly denied where defendant was twice advised of adverse immigration consequences of plea.
Criminal Law and Procedure May 20, 2016
Center for Biological Diversity et al. v. County of San Bernardino et al. (Cadiz Inc. et al.)
Environmental groups unsuccessful in challenging, via petition for writ of mandate, approval of project to pump fresh groundwater from Mojave Desert aquifer.
Environmental Law May 20, 2016