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Name Category Published
Burgos v. Superior Court (People)
Assigned prosecutor's multiple continuances of murder trial do not violate defendant's speedy trial rights where prosecutor was engaged in another trial. 		Criminal Law and Procedure May 31, 2012
People v. Mena
Defendant does not forfeit right to appeal denial of his request for physical identification lineup prior to preliminary hearing by failing to pursue writ relief. 		Criminal Law and Procedure May 31, 2012
Sharp v. Superior Court (People)
Penal Code Section 1054.3(b) authorizes compelled examination by prosecution-retained mental health expert where defendant pleads not guilty by reason of insanity. 		Criminal Law and Procedure May 31, 2012
People v. Souza
Trial court erroneously imposes restitution orders by applying law applicable at time capital defendant was sentenced, rather than law applicable at time of crimes. 		Criminal Law and Procedure May 31, 2012
Carijano v. Occidental Petroleum Corporation
Order 		May 31, 2012
U.S. v. Gomez-Hernandez
Sentencing enhancement is properly applied to defendant previously deported after conviction for crime of violence because Arizona's attempted aggravated assault offense requires specific intent. 		Criminal Law and Procedure May 31, 2012
Muth v. Fondren
Order 		May 31, 2012
U.S. v. Perea-Rey
Warrant is required for search of carport, which was within home’s curtilage and could be seen from sidewalk. 		Criminal Law and Procedure May 31, 2012
Cal Sierra Construction Inc. v. Comerica Bank
In enforcement action, banks are not entitled to file motion to release mechanics lien and stop notice because their property interest was not at stake. 		Real Property May 31, 2012
Juror Number One v. Superior Court (Royster)
Juror's Facebook postings, which were made during trial, are not protected by Stored Communications Act and must be produced for court's misconduct inquiry. 		Criminal Law and Procedure May 31, 2012
Sefton v. Sefton
Power of appointment in will is subject to presumption in effect at time of creation such that children who survive life estate holder must receive at least 'substantial' part of remainder estate. 		Probate and Trusts May 31, 2012
Pacific Gas and Electric Co. v. City and County of San Francisco
Declaratory relief is proper where City’s commercial sale of power to building's new tenants is not municipal use, and constitutes Raker Act violation. 		Government May 31, 2012
Bowers v. Raymond J. Lucia Companies Inc.
Binding mediation award is enforceable because parties mutually agreed to proceed to full-day mediation as part of settlement agreement. 		Civil Procedure May 30, 2012
Summit Bank v. Rogers
Former employee’s Internet rant is constitutionally protected speech warranting dismissal of employer’s defamation claim under anti-SLAPP statute. 		Torts May 30, 2012
Wilcox v. Parker (In re Parker)
Judicial estoppel does not apply where there was no conflict between default judgment obtained by debtor in prior bankruptcy case and subsequent judgment in debtor’s favor. 		Bankruptcy May 30, 2012
Lewis v. Ayers
Competency determination in capital habeas proceeding is not appealable collateral order because question of competency remains open throughout habeas proceeding. 		Criminal Law and Procedure May 30, 2012
U.S. v Leal-Vega
Federal 16-level sentencing enhancement for unlawful reentry applies to drug conviction based on record of conviction only, not state statute. 		Criminal Law and Procedure May 30, 2012
Flournoy v. Small
California court's decision to admit testimony of forensic analyst, which was based on reports of other crime lab employees, does not violate Confrontation Clause. 		Criminal Law and Procedure May 30, 2012
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 May 30, 2012
City of Colton v. Singletary
Anti-SLAPP motion is properly granted as to unfair business practices claim alleging party filed suit to enforce contract procured by bribery. 		Business Law May 30, 2012
Mendoza v. City of West Covina
Police officer who tasered and punched suspect in custody is not entitled to qualified immunity when suspect died of asphyxiation after being pinned by multiple officers. 		Civil Rights May 30, 2012
Managed Pharmacy Care v. Sebelius
Restrictions on Medi-Cal reimbursement rate reductions improperly contravene authority of Secretary of Dept. of Health and Human Services. 		Health Care May 29, 2012
Institute of Cetacean Research v. Sea Shepherd Conservation Society
Japanese researchers who hunt whales may pursue piracy claims against anti-whaling environmental group that engaged in violent tactics on high seas. 		International Law May 29, 2012
Bluford v. Safeway Stores Inc.
Truck driver's lawsuit against Safeway Stores based on its alleged failure to pay for rest periods may continue as class action. 		Employment Law May 29, 2012
Winn v. Pioneer Medical Group Inc.
Daughters of decedent may sue physicians for elder abuse based on repeated failure to refer mother to specialist despite knowing she needed specialized care. 		Torts May 29, 2012
Phillips v. Ornoski
Prosecution's effort to conceal plea deal with witness violates defendant's due process rights where testimony was material to special circumstances finding. 		Criminal Law and Procedure May 29, 2012
Coleman v. Johnson
Federal court may not overturn state court decision, which rejected petitioner's sufficiency of evidence challenge, unless state court’s decision was ‘objectively unreasonable.’ 		Criminal Law and Procedure May 29, 2012
RadLAX Gateway Hotel LLC v. Amalgamated Bank
Debtors fail to obtain confirmation of Chapter 11 cramdown plan, which provided for sale of property free and clear of bank's lien, but did not allow bank to credit-bid at auction. 		Bankruptcy May 29, 2012
Holder v. Mojica
Order 		May 29, 2012
Holder v. Camacho
Order 		May 29, 2012
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