| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-1418
|
Zubik v. Burwell
Cases challenging federal regulation requiring petitioners provide contraceptive coverage unless they submit form objecting on religious grounds vacated and remanded in light of parties' supplemental briefing. |
Health Care |
|
May 17, 2016 | |
|
15-833
|
Kernan v. Hinojosa
Ninth Circuit improperly reviews California inmate's ex post facto claim de novo rather than through AEDPA's deferential lens, warranting reversal of habeas relief. |
Criminal Law and Procedure |
|
May 17, 2016 | |
|
13-17132
|
Teixeira v. County of Alameda
Challenged ordinance restricting location of gun shops should have received higher level of scrutiny than rational basis review. |
Constitutional Law |
|
May 17, 2016 | |
|
B261842
|
People v. Herrera
Murder conviction overturned where court's evidentiary ruling effectively precluded defendant from presenting defense that he was in a dissociative, PTSD-induced fog when he committed murder. |
Criminal Law and Procedure |
|
May 17, 2016 | |
|
B262956
|
People v. Byron
Post Release Community Supervision properly revoked over drug user's allegations of due process violations related to timing of her arraignment and probable cause hearing. |
Criminal Law and Procedure |
|
May 17, 2016 | |
|
D068557
|
People v. Berg
Grant of habeas corpus petition affirmed in case where defendant sentenced to life without possibility of parole for first degree murder committed at age 17. |
Criminal Law and Procedure |
|
May 16, 2016 | |
|
B256792
|
Lopez v. Sony Electronics Inc.
Summary judgment properly granted for defendant in action alleging birth defects due to chemical exposure where action barred under six-year statute of limitations. |
Civil Procedure |
|
May 16, 2016 | |
|
E063305
|
People v. Mariscal
Reversal not required where prosecution consistently indicates One Strike circumstance relates to one count even though information mistakenly pleads circumstance as to another count. |
Criminal Law and Procedure |
|
May 13, 2016 | |
|
S232607
|
Alvarado v. Dart Container Corporation of California
What is the proper method for calculating the rate of overtime pay when an employee receives both an hourly wage and a flat sum bonus? |
Labor Law |
|
May 13, 2016 | |
|
S232674
|
People v. Mateo
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? |
|
May 13, 2016 | ||
|
S233634
|
People v. Bias
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, § 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 13, 2016 | ||
|
S233563
|
People v. Fernandez
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? |
|
May 13, 2016 | ||
|
15-30001
|
U.S. v. LaCoste
For defendant convicted of conspiracy to commit securities fraud, supervised release conditions imposing total ban on internet use and a residency restriction vacated and remand ordered. |
Criminal Law and Procedure |
|
May 13, 2016 | |
|
12-70635
|
Perez-Arceo v. Lynch
Petition for review granted and remand required in order for immigration judge to further explain reasons supporting adverse credibility determination. |
Immigration |
|
May 13, 2016 | |
|
C077098
|
People v. Nicholes
Gang enhancements stricken where prosecution's gang expert's testimony insufficient to meet requirement under 'People v. Prunty' regarding gang subsets. |
Criminal Law and Procedure |
|
May 13, 2016 | |
|
S233465
|
People v. Flaherty
The court ordered briefing deferred pending decision in People v. Page, S230793, which concerns the application of Proposition 47 to the offense of unlawful taking or driving a vehicle, and People v. Romanowski, S231405, which concerns the application of Proposition 47 to theft-related offenses such as theft of access card information. |
|
May 13, 2016 | ||
|
S233546
|
People v. Root
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (§ 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
May 13, 2016 | ||
|
S233201
|
People v. Ruff
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 13, 2016 | ||
|
S233178
|
People v. Santos
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code § 1170.18(c)) under Proposition 47 on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (§ 1170.126)? |
|
May 13, 2016 | ||
|
S233177
|
People v. Shorter
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
May 13, 2016 | ||
|
S233501
|
People v. Sotelo
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 13, 2016 | ||
|
S233261
|
People v. White
Does the Safe Neighborhood and Schools Act (Proposition 47), 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? |
|
May 13, 2016 | ||
|
S233539
|
People v. Williams
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 13, 2016 | ||
|
A144391
|
McClatchy v. Coblentz, Patch, Duffy & Bass LLP
Law firm successfully quashes service of amended petition substituting it as Doe defendant involving trust dispute. |
Probate and Trusts |
|
May 12, 2016 | |
|
14-73933
|
Monroy v. Lynch
Order |
Immigration |
|
May 12, 2016 | |
|
13-72929
|
SSA Terminals and Homeport Insurance Co. v. Carrion
Injured worker prevails where administrative law judge uses wrong inquiry when determining whether worker's injury is temporary or permanent. |
Workers' Compensation |
|
May 12, 2016 | |
|
13-57061
|
Stetson v. Grissom
Award of attorney fees and costs vacated and case reassigned where court abuses its discretion in failing to specify reasons for drastic reduction of requested fees. |
Attorneys |
|
May 12, 2016 | |
|
H042399
|
People v. Lameed
Involuntary administration of antipsychotic medicine does not invoke USSC 'Sell' factors where purpose of administration was defendant's safety and not to render defendant fit for trial. |
Constitutional Law |
|
May 12, 2016 | |
|
S233414
|
People v. Grayson
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 12, 2016 | ||
|
S233479
|
In Re F.T.
Does a parent's failure to appeal from a juvenile court order finding that notice under the Indian Child Welfare Act was unnecessary preclude the parent from subsequently challenging that finding more than a year later in the course of appealing an order terminating parental rights? |
|
May 12, 2016 |
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