| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
12-35427
|
Leavitt v. Arave
Defendant's ineffective assistance of counsel claims fail where defendant could not show that trial counsel's conduct was both deficient and prejudicial. |
Criminal Law and Procedure |
|
Jun. 11, 2012 | |
|
12-35456
|
The Associated Press v. Otter
First Amendment mandates that media be allowed to witness entire process of inmate's execution. |
Constitutional Law |
|
Jun. 11, 2012 | |
|
11-50036
|
U.S. v. Grant
Good faith exception to officers' execution of warrant on defendant's home does not apply where officers' reliance on warrant was 'entirely unreasonable.' |
Criminal Law and Procedure |
|
Jun. 11, 2012 | |
|
10-56422
|
Du v. Allstate Insurance Co.
Insurer's duty of good faith and fair dealing may be premised on insurer's failure to effectuate settlement where insured’s liability was reasonably clear. |
Insurance |
|
Jun. 11, 2012 | |
|
10-55734
|
United States v. Ferro
Review of excessiveness of fine under Eight Amendment requires consideration of individualized culpability of property’s owner even if not required under statute. |
Civil Rights |
|
Jun. 11, 2012 | |
|
C064475
|
Rand v. Board of Psychology
Board of Psychology has jurisdiction to discipline psychologist for unprofessional conduct while he was acting as special master in family law matter. |
Administrative Agencies |
|
Jun. 11, 2012 | |
|
D060317
|
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates. |
Criminal Law and Procedure |
|
Jun. 10, 2012 | |
|
08-15634
|
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim. |
Criminal Law and Procedure |
|
Jun. 10, 2012 | |
|
09-15483
|
National Meat Association v. Harris
Order |
|
Jun. 10, 2012 | ||
|
09-56999
|
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture. |
Immigration |
|
Jun. 10, 2012 | |
|
09-56999
|
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture. |
Immigration |
|
Jun. 10, 2012 | |
|
10-17220
|
Riggs v. Prober & Raphael, A Law Corp.
Debt collection letter does not violate Fair Debt Collection Practices Act where letter's language only implicitly demanded written response. |
Business Law |
|
Jun. 10, 2012 | |
|
11-15742
|
Buckwalter v. State of Nevada Board of Medical Examiners
Members of board of medical examiners are absolutely immune from civil rights liability in exercising summary suspension power because power is analogous to judicial function. |
Civil Rights |
|
Jun. 10, 2012 | |
|
A130654
|
People v. Mehserle
Evidence is sufficient to support finding that defendant police officer committed involuntary manslaughter where he claimed he intended to use his taser but instead fired his handgun. |
Criminal Law and Procedure |
|
Jun. 10, 2012 | |
|
B227712
|
Cole v. Patricia A. Meyer & Associates APC
Attorneys for plaintiffs cannot avoid liability in malicious prosecution action merely by showing that they took passive role in case as standby counsel. |
Attorneys |
|
Jun. 10, 2012 | |
|
11-55669
|
Harris v. County of Orange
Lawsuit is not barred on grounds of claim preclusion where plaintiffs in second action sought remedy that was unavailable to party in prior case. |
Civil Procedure |
|
Jun. 10, 2012 | |
|
A129436
|
Marriage of Green
Husband's service credit for military service is not separate property when he served in military before marriage, but purchased credits during marriage. |
Family Law |
|
Jun. 7, 2012 | |
|
S194928
|
Magness v. Superior Court (People)
Use of remote control to open garage door does not constitute ‘entry’ justifying charge of completed burglary because there was no physical intrusion into building. |
Criminal Law and Procedure |
|
Jun. 7, 2012 | |
|
S078027
|
People v. Streeter
Record does not support inference of discriminatory purpose in prosecution's peremptory challenges of African-American jurors where prosecution previously accepted jury multiple times with African-American jurors seated. |
Criminal Law and Procedure |
|
Jun. 7, 2012 | |
|
09-55753
|
Thompson v. Lea
By granting review of state court's order, California Supreme Court reopens direct review for purpose of resetting statute of limitations for filing federal habeas petition. |
Criminal Law and Procedure |
|
Jun. 7, 2012 | |
|
09-55846
|
Mirmehdi v. United States
Alien’s ‘Bivens’ claim alleging unlawful detention fails because adequate alternative remedies existed and immigration context implicated foreign policy. |
Immigration |
|
Jun. 7, 2012 | |
|
C068063
|
Barriga v. Superior Court (People)
Absent evidentiary showing of due diligence in discovering incriminating evidence, defendant is entitled to protection against second prosecution. |
Criminal Law and Procedure |
|
Jun. 7, 2012 | |
|
C067861
|
Cullen v. Corwin
Party refusing requests for mediation on grounds of incomplete discovery cannot recover attorney fees under standard form real property purchase agreement. |
Real Property |
|
Jun. 7, 2012 | |
|
A132673
|
Neville v. County of Sonoma
County has authority to terminate employment of commissioner and sealer after determining that performance of local tasks and duties is unsatisfactory. |
Government |
|
Jun. 6, 2012 | |
|
C066982
|
Sourcecorp Inc. v. Shill
Once debtor has had 30 days to pay for necessities out of exempt earnings, any remainder becomes available to satisfy outstanding obligation to judgment creditor. |
Civil Procedure |
|
Jun. 6, 2012 | |
|
07-56692
|
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
Order |
|
Jun. 6, 2012 | ||
|
10-16903
|
M.M. v. Lafayette School District
Plaintiff is not entitled to immediate judicial review of administrative law judge's interlocutory ruling made before financial decision in Individuals with Disabilities Education Act case. |
Education |
|
Jun. 6, 2012 | |
|
10-15645
|
Kaahumanu v. State of Hawaii, Dept. of Land and Natural Resources
State's permit requirements for commercial weddings on beaches do not violate First Amendment, except for provision giving absolute discretion to revoke permits. |
Constitutional Law |
|
Jun. 6, 2012 | |
|
A131741
|
People v. Lazlo
Previously suppressed evidence may be admitted later in probation violation hearing because exclusionary rule does not apply. |
Criminal Law and Procedure |
|
Jun. 6, 2012 | |
|
09-16830
|
Xiong v. Felker
Jury misconduct is harmless where consideration of extrinsic evidence is cumulative to evidence already presented in court. |
Criminal Law and Procedure |
|
Jun. 5, 2012 |