| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C075043
|
J.C., a Minor
High school student who threatened hall monitor and cursed loudly during school may not attack ‘willful disturbance’ statute as unconstitutionally overbroad. |
Juveniles |
|
Aug. 19, 2014 | |
|
E055062
|
People v. Windfield
Juvenile offender’s 90-years-to-life sentence for murder he committed when he was 17 constitutes cruel and unusual punishment, warranting resentencing. |
Juveniles |
|
Aug. 19, 2014 | |
|
12-30007
|
U.S. v. Gadson
Police officer may offer testimony interpreting content of telephone conversations based on direct knowledge of investigation and persons involved. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
|
12-35936
|
Lower Elwha Klallam Indian Tribe v. Lummi Nation
Dispute continues as to geographic scope of ‘usual and accustomed’ fishing grounds for Lummi Nation Tribe in Washington, given absence of court determination. |
Native American Affairs |
|
Aug. 19, 2014 | |
|
12-36021
|
Queen Anne Park Homeowners Association v. State Farm Fire and Casualty Co.
Order |
|
Aug. 19, 2014 | ||
|
12-55601
|
Williams v. State of California
Facility employees’ right to freedom of religion is not violated when they were required to directly support disabled client who wished to attend Jehovah's Witness services. |
Civil Rights |
|
Aug. 19, 2014 | |
|
13-30066
|
U.S. v. Cisneros
Career criminal’s mandatory 15-years sentence is appropriately based on prior convictions for fleeing or attempting to elude police officers in vehicle. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
|
13-36202
|
Jones v. Taylor
Witness recantations that merely cast doubt on habeas petitioner’s guilt are insufficient to merit habeas relief on his freestanding claim of actual innocence. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
|
C073340
|
People v. Hubbard
Defendant is not entitled to resentencing under amended recidivist sentencing provisions where one of two commitment convictions was for serious and violent felony. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
|
C075336
|
Jayden M., a Minor
Prospective adoptive parents need not be given notice when child has been removed from them before the termination of parental rights occurs. |
Juveniles |
|
Aug. 19, 2014 | |
|
C073654
|
City of Pasadena v. Cohen
Trial court improperly grants injunctive relief to city in action challenging Dept. of Finance’s disapproval of city’s redevelopment agency obligations. |
Government |
|
Aug. 19, 2014 | |
|
E057821
|
People v. Adair
Defendant convicted of annoying child may be required to wait 10 years from discharge before seeking certificate of rehabilitation without violating equal protection. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
|
E058963
|
J.S., a Minor
Father's 1997 Kentucky misdemeanor conviction for sexual abuse constitutes 'violent felony' for purposes of denial of reunification services under California law. |
Juveniles |
|
Aug. 19, 2014 | |
|
E057059
|
People v. Sanchez
Thief’s conviction for grand theft of copper wire is upheld although prosecutor made improper comments regarding his decision not to testify at trial. |
Criminal Law and Procedure |
|
Aug. 19, 2014 | |
|
C074515
|
McLean v. State of California
For purposes of receiving final wages, as well as waiting time penalties, employee who retires must be treated same as employee who quits. |
Employment Law |
|
Aug. 19, 2014 | |
|
B252999
|
Alexandria P., a Minor
Good cause to deviate from Indian Child Welfare Act placement preferences may be shown without proving child would suffer harm by transfer with certainty. |
Native American Affairs |
|
Aug. 18, 2014 | |
|
S097363
|
People v. Merriman
Death verdict is upheld where trial court properly joined charges related to capital and noncapital crimes that occurred before murder. |
Criminal Law and Procedure |
|
Aug. 18, 2014 | |
|
S208398
|
People v. Shazier
Prosecutor’s suggestion to jurors that they would face contempt from community unless they found defendant to be sexually violent predator does not require reversal. |
Criminal Law and Procedure |
|
Aug. 18, 2014 | |
|
12-56628
|
Nguyen v. Barnes & Noble Inc.
Website's terms of use, which were posted via hyperlink at bottom of each page, fail to provide sufficient notice to consumer to require him to arbitrate claims. |
Business Law |
|
Aug. 18, 2014 | |
|
12-55470
|
Thomas v. County of Riverside
Employee may continue to pursue First Amendment retaliation claims, which district court dismissed as trivial although they could deter speech when viewed in isolation. |
Employment Law |
|
Aug. 18, 2014 | |
|
12-35804
|
Ghanim v. Colvin
Iraqi refugee who suffered from major depression may be entitled to disability benefits, although ALJ discredited him based on treatment records, which showed improvement. |
Administrative Agencies |
|
Aug. 18, 2014 | |
|
11-71458
|
Brown v. Holder
Indian citizen might have claim to citizenship if government’s alleged mishandling of naturalization application resulted in violation of due process rights. |
Immigration |
|
Aug. 18, 2014 | |
|
11-15581
|
Arrendondo v. Neven
Habitual criminal is not entitled to habeas relief where he voluntarily waived right to counsel in light of court’s warnings and his understanding of charges. |
Criminal Law and Procedure |
|
Aug. 18, 2014 | |
|
A135577
|
Fonteno v. Wells Fargo N.A.
Homeowner may maintain wrongful trustee sale suit against lender based on lender’s failure to conduct pre-foreclosure meeting before instituting foreclosure proceedings. |
Real Property |
|
Aug. 18, 2014 | |
|
A140922
|
People v. McGraw-Hill Companies Inc.
Order denying anti-SLAPP special motion to strike is not appealable when public prosecutor brought underlying action to enforce consumer protection laws. |
Civil Procedure |
|
Aug. 18, 2014 | |
|
A137753
|
San Francisco Tomorrow v. City and County of San Francisco (Parkmerced Investors Properties LLC)
Project opponents are unsuccessful in overturning San Francisco’s approval of redevelopment project near Lake Merced by challenging city’s general plan. |
Real Property |
|
Aug. 17, 2014 | |
|
D062671
|
San Diego Gas & Electric Co. v. Schmidt
In condemnation action, property owner is entitled to litigation expenses where electric company’s meager offer was far below appraisal value and jury award. |
Real Property |
|
Aug. 17, 2014 | |
|
11-16538
|
Van Asdale v. International Game Technology
Prevailing Sarbanes-Oxley Act whistleblowers are entitled to postjudgment interest at rate that normally applies to all civil cases in federal district courts. |
Employment Law |
|
Aug. 17, 2014 | |
|
11-18023
|
FTC v. Kimoto
Businessman may not be held personally liable for his company’s fraudulent Internet marketing scheme when he was in prison while scheme was developed. |
Business Law |
|
Aug. 17, 2014 | |
|
12-15795
|
Moore v. Helling
Murderer is not entitled to habeas relief, even if Nevada state court failed to issue jury instruction separately defining ‘willful,’ ‘deliberate’ and ‘premeditated’ killing. |
Criminal Law and Procedure |
|
Aug. 17, 2014 |