| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-1433
|
Brumfield v. Cain
Death row inmate claiming mental disability is entitled to have his <EM>Atkins</EM> claim heard on the merits. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
13-1428
|
Davis v. Ayala
Any federal constitutional error from defense counsel's exclusion from 'Batson' proceedings is harmless because defendant failed to show he suffered 'actual prejudice.' |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
13-1352
|
Ohio v. Clark
Three-year-old's out-of-court statements to teachers were not testimonial under the Confrontation Clause. |
Constitutional Law |
|
Jun. 18, 2015 | |
|
14-144
|
Walker v. Texas Division, Sons of Confederate Veterans Inc.
Texas DMV's denial of confederate group's license plate design does not implicate free speech protections because the plates convey government speech. |
Constitutional Law |
|
Jun. 18, 2015 | |
|
14-378
|
McFadden v. United States
Knowledge requirement from Controlled Substances Act must be applied in prosecution of purveyor of a controlled substance analogue. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
13-502
|
Reed v. Town of Gilbert, Arizona
Town's comprehensive code governing manner in which people may display outdoor signs are content-based regulations and do not pass strict scrutiny. |
Constitutional Law |
|
Jun. 18, 2015 | |
|
13-15185
|
Benko v. Quality Loan Service Corp.
Plaintiffs met 'local controversy exception' under Class Action Fairness Act and court abused its discretion in denying plaintiffs leave to amend complaint. |
Civil Procedure |
|
Jun. 18, 2015 | |
|
13-10530
|
U.S. v. Lizarraga-Tirado
Google Earth satellite image and machine-generated digital 'tack' labeled with GPS coordinates make no assertion and are, thus, not hearsay. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
12-17460
|
Walker v. Beard
Prison refusing to grant racist's purportedly-faith-based housing request is using least restrictive means to meet compelling objective, to wit: following constitutional restrictions on racial segregation in prison. |
Prisoners Rights |
|
Jun. 18, 2015 | |
|
12-17062
|
Seeboth v. Allenby
California's differential treatment of sexually violent predators from other civilly committed persons with respect to recommitment trials does not violate equal protection. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
12-17014
|
Marsh v. Colvin
By failing to cite treating physician's thorough notes in denial of disability benefits where such notes strongly suggested applicant was disabled, Administrative Law Judge may have committed non-harmless error. |
Administrative Agencies |
|
Jun. 18, 2015 | |
|
D065056
|
People v. Forrest
Probation condition restricting probationer from being in presence of weapon is unconstitutionally overbroad because it essentially denied her right to access courts. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
D060969
|
People v. White
Descriptions of various indicators of non-consent to sex, found in different subdivisions of Penal Code Section 261, do not establish basis for multiple counts of rape stemming from a single act of intercourse. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
B255784
|
People v. DeJongh
Mother who stipulated to children's extended visit with grandparents commits child custody deprivation when she instead took children to Mexico. |
Criminal Law and Procedure |
|
Jun. 18, 2015 | |
|
B252566
|
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm. |
Torts |
|
Jun. 18, 2015 | |
|
S225193
|
People v. Patterson
Order |
|
Jun. 18, 2015 | ||
|
S226416
|
In re R.T.
Order |
|
Jun. 18, 2015 | ||
|
S226410
|
People v. Guzman
Order |
|
Jun. 18, 2015 | ||
|
S225631
|
People v. Ingram
Order |
|
Jun. 18, 2015 | ||
|
S225639
|
People v. Torres
Order |
|
Jun. 18, 2015 | ||
|
S226500
|
Barnes v. Dahan
Order |
|
Jun. 18, 2015 | ||
|
S226364
|
Dole Food Co. v. Superior Court (Shell Oil Co.)
Order |
|
Jun. 18, 2015 | ||
|
H040903
|
People v. Contreras
Probation condition prohibiting probationer from using, possessing, or otherwise accessing 'surveillance equipment' was unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
|
G051603
|
Jane J. v. Superior Court
Trial court must weigh all relevant factors impacting children at issue before granting a change of custody that involves a 2000-mile move away. |
Family Law |
|
Jun. 17, 2015 | |
|
B243635
|
In re Marriage of Lafkas
Modification of partnership agreement adding wife as partner is not a valid transmutation of separate property absent express declaration signed by husband. |
Family Law |
|
Jun. 17, 2015 | |
|
H041754
|
D.P., a Minor
Mother's unwillingness and inability to protect infant from abusive father places child at substantial risk of suffering serious emotional damage. |
Juveniles |
|
Jun. 17, 2015 | |
|
05-99009
|
Washington v. Ryan
Where notice of appeal is untimely, court does not have jurisdiction to consider denial of habeas petition. |
Criminal Law and Procedure |
|
Jun. 17, 2015 | |
|
09-73867
|
Coquico v. Lynch
Board of Immigration Appeals incorrect analysis not entitled to deference; Penal Code Section 417.26 is not a crime of moral turpitude. |
Immigration |
|
Jun. 17, 2015 | |
|
10-73212
|
Toor v. Lynch
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 renders Federal Register-based 'regulatory departure bar' invalid; alien may reopen removal decision regardless of his departure from U.S. |
Immigration |
|
Jun. 17, 2015 | |
|
11-73433
|
Ruiz-Vidal v. Lynch
Charging document referencing methamphetamine, along with plea colloquy, gives clear and convincing evidence that state conviction involved federally-controlled substances, and rendered convict suitable for removal. |
Immigration |
|
Jun. 17, 2015 |