| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D068508
|
Macy v. City of Fontana
City and redevelopment agency exist as separate entities; demurrer properly granted to city in action brought by resident first against redevelopment agency, and then against city. |
Municipal Law |
|
Mar. 25, 2016 | |
|
A141172
|
People v. Brown
Conviction for resisting a police officer conditionally reversed where judge failed to sua sponte instruct jury on lesser necessarily included offense of simple assault. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
|
B262149
|
People v. Solis
Taking an auto, in violation of Vehicle Code Section 10851(a), not an offense eligible for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
|
S232218
|
People v. Hicks
Did the trial court err when it refused to inform the jury at the retrial of a murder charge that defendant had been convicted of gross vehicular manslaughter in the first trial? |
|
Mar. 25, 2016 | ||
|
S231826
|
People v. Martinez
Could defendant use a petition for recall of sentence under Penal Code section 1170.18 to request the trial court to reduce his prior felony conviction for transportation of a controlled substance to a misdemeanor in light of the amendment to Health and Safety Code section 11379 effected by Proposition 47? |
|
Mar. 25, 2016 | ||
|
12-73289
|
Ledezma-Cosino v. Lynch
"Habitual drunkard" statute, used to find petitioner ineligible for cancellation of removal, is unconstitutional given lack of rational basis for classifying alcoholics as lacking good moral character. |
Immigration |
|
Mar. 25, 2016 | |
|
F069270
|
People v. Kelly
Where same act of kidnapping supported both aggravated kidnapping circumstance and simple kidnapping conviction, sentencing court must stay latter sentence under Penal Code Section 654. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
|
H040980
|
People v. Arredondo
Consent imputed to California drivers cannot itself justify warrantless blood draw from unconscious driver; nevertheless, drunk driving conviction is upheld. |
Criminal Law and Procedure |
|
Mar. 25, 2016 | |
|
B263869
|
California Insurance Guarantee Association v. Workers' Compensation Appeals Board
Insurer remains liable for underlying workers' compensation obligations despite agreement apportioning liability with now-defunct co-insurer. |
Workers' Compensation |
|
Mar. 24, 2016 | |
|
B265178
|
Merkoh Associates LLC v. Los Angeles Unified School District
Demurrer in favor of school district properly sustained where developer's claim for interest on development fee fell under specific, rather than general, statute. |
Government |
|
Mar. 24, 2016 | |
|
D066722
|
Rubenstein v. Doe 1
Victim's action against public entity is timely though filed years after the occurrence of alleged sexual abuse by high school coach. |
Civil Procedure |
|
Mar. 24, 2016 | |
|
13-35747
|
Coomes v. Edmonds School District No. 15
Public teacher's speech regarding school's special education program fell within her duties as head of program and was, therefore, not protected under the First Amendment. |
Civil Rights |
|
Mar. 24, 2016 | |
|
14-16928
|
Habeas Corpus Resource Center v. United States Dept. of Justice
Case challenging Attorney General's regulations dismissed for lack of jurisdiction where criminal defender organizations suffer no injury in fact and thus lack standing. |
Criminal Law and Procedure |
|
Mar. 24, 2016 | |
|
S232413
|
People v. Fernandez
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, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Mar. 24, 2016 | ||
|
S232380
|
People v. Gray
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)? |
|
Mar. 24, 2016 | ||
|
S231846
|
Great Oaks Water Co. v. Santa Clara Valley Water District
Do the District's ground water pumping charges violate Proposition 218 or Proposition 26? Does the rate ratio mandated by Water Code section 75594 violate Proposition 218 or Proposition 26? |
|
Mar. 24, 2016 | ||
|
14-1406
|
Nebraska v. Parker
Congressional act that allowed western settlers to purchase tribal land in Nebraska did not diminish reservation boundaries; thus, settlers remain subject to tribe's regulations. |
Native American Affairs |
|
Mar. 23, 2016 | |
|
14-1146
|
Tyson Foods, Inc. v. Bouaphakeo
Tyson Foods unsuccessful in overturning judgment certifying and maintaining class of meat-processing plant employees. |
Labor Law |
|
Mar. 23, 2016 | |
|
14-1209
|
Sturgeon v. Frost
Ninth Circuit's erroneous interpretation of the Alaska National Interest Lands Conservation Act warrants reversal of ruling concerning National Park Service's ban on hovercraft use. |
Environmental Law |
|
Mar. 23, 2016 | |
|
14-10365
|
U.S. v. Lundin
Court correctly suppresses handguns seized from defendant's home following a warrantless search that is not justified by exigent circumstances. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
|
14-35555
|
Smith v. Obama
Order |
|
Mar. 23, 2016 | ||
|
E062790
|
People v. Bush
Petitioner's felony convictions for receiving stolen property may be eligible for resentencing as misdemeanors under Proposition 47, where record is unclear whether property involved exceeded $950. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
|
14-520
|
Hawkins v. Community Bank of Raymore
Order |
|
Mar. 23, 2016 | ||
|
B263075
|
People v. Aguilar
Defendant's prior felony conviction for carrying concealed firearm in a vehicle is crime of moral turpitude admissible for impeachment purposes. |
Criminal Law and Procedure |
|
Mar. 23, 2016 | |
|
E063664
|
CA Cannabis Coalition v. City of Upland
Reversal required where city improperly refuses to place initiative imposing licensing and inspection fees on marijuana dispensaries on a special election ballot. |
Taxation |
|
Mar. 22, 2016 | |
|
A140628
|
People v. Giron-Chamul
Young daughter's refusal to answer many questions regarding father's offense of conviction warranted reversal where it constituted violation of his constitutional right to confrontation. |
Criminal Law and Procedure |
|
Mar. 22, 2016 | |
|
14–10078
|
Caetano v. Massachusetts
Massachusetts high court's explanation for upholding state law banning possession of stun guns is contrary to U.S. Supreme Court's precedent, resulting in vacated judgment. |
Constitutional Law |
|
Mar. 22, 2016 | |
|
137, Orig.
|
State of Montana v. State of Wyoming
Order |
|
Mar. 22, 2016 | ||
|
15-777
|
Samsung Electronics Co. v. Apple Inc.
Where a design patent is applied to only a component of a product, should an award of infringer's profits be limited to those profits attributable to the component? |
|
Mar. 22, 2016 | ||
|
13-16273
|
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. |
Criminal Law and Procedure |
|
Mar. 22, 2016 |