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Name Category Published
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
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
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
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
In Re R.R.
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
People v. Jasso
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
People v. Jones
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
King (Terrance) on H.C.
Order
May 12, 2016
People v. King
Order
May 12, 2016
People v. Lateano
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
People v. Mendoza
Does Proposition 47apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
May 12, 2016
People v. Quair
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
People v. Rodriguez
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
May 12, 2016
Gerawan Farming Inc. v. Agricultural Labor Relations Board et al.
California Labor Code Section 1164.9, which purports to eliminate superior court jurisdiction to review decisions of Agricultural Labor Relations Board, is unconstitutional.
Labor Law May 11, 2016
People v. Butcher
Defendant properly sentenced to state prison - not county jail - for felony evading where Legislature clearly considers offense not to be low-level felony subject to Realignment Act.
Criminal Law and Procedure May 11, 2016
People v. Abdallah
One year enhancement under Penal Code Section 667.5(b) inapplicable where court recalls felony conviction and resentences defendant under Proposition 47 before sentencing on current case.
Criminal Law and Procedure May 11, 2016
U.S. v. Inouye
No abuse of discretion in setting restitution at eight percent of defendant's gross monthly income in connection with revocation of supervised release.
Criminal Law and Procedure May 11, 2016
Delaware Tetra Technologies Inc. v. County of San Bernardino (Santa Margarita Water District)
County of San Bernardino need not conduct full CEQA environmental review before executing memorandum of understanding over proposed project concerning underground aquifer in Mojave Desert.
Environmental Law May 11, 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 11, 2016
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy.
Insurance May 11, 2016
People v. Wade
Defendant carries a firearm 'on his person' within Penal Code Section 25850(a)'s meaning if he is wearing backpack containing firearm.
Criminal Law and Procedure May 10, 2016
People v. Cortez
Murder convictions, reversed on appeal, reinstated where trial court commits no error relating in part to prosecutor's comments on reasonable doubt standard.
Criminal Law and Procedure May 10, 2016
In the Matter of EPD Investment Co.
Bankruptcy court has discretion to decide motion to compel arbitration and does not abuse its discretion by denying it.
Bankruptcy May 10, 2016
Gimenez v. Ochoa
Father's murder conviction upheld in connection with infant daughter's death due to shaken baby syndrome.
Criminal Law and Procedure May 10, 2016
Brown v. Deutsche Bank National Trust Co.
Defaulting borrower lacks standing to preemptively challenge bank's authority to foreclose on her property.
Real Property May 10, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.'
Criminal Law and Procedure May 9, 2016
People v. Johnston
Vehicle Code offense that allows, and continues to allow punishment as misdemeanor or felony, is ineligible for retrospective resentencing relief under Penal Code Section 1170.18.
Criminal Law and Procedure May 9, 2016
U.S. v. Lee
Prior convictions are not "crime of violence" under residual clause of Section 4B1.2(a)(2) of United States Sentencing Guidelines, resulting in vacated sentence and remand.
Criminal Law and Procedure May 9, 2016
Rishor v. Ferguson
Denial of habeas relief reinstated where district court erroneously determined that defendant, who validly waived counsel at first trial, was entitled to second waiver of counsel hearing on remand.
Criminal Law and Procedure May 9, 2016
U.S. v. Vega-Ortiz
Denial of motion to dismiss information charging defendant with being deported alien found in United States proper where prior convictions qualify as aggravated felonies.
Criminal Law and Procedure May 9, 2016