California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Thursday, June 30, 2005

U.S. v. Zavala-Mendez (9th Cir. - June 15, 2005)

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There are two things in this world about which I'm fairly confident. The first is that Judge Kleinfeld knows Alaska pretty well. The sec...
Wednesday, June 29, 2005

Theagene v. Gonzales (9th Cir. - June 15, 2005)

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The number of things that I know nothing about could fill a small country. For example, I did not know that the Court of International Trade...

People v. Banuelos (Cal. Ct. App. - June 22, 2005)

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Here are the (somewhat bizarre) facts of this case : Jorge Orozco owns a small market in the Wilmington area that sells prepared food. He wa...
Tuesday, June 28, 2005

Brierton v. DMV (Cal. Ct. App. - June 21, 2005)

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Campus police officers apparently have the authority to perform arrests anywhere in California, not just on or near the university. Or at le...
Monday, June 27, 2005

People v. Gallardo (Cal. Ct. App. - June 15, 2005)

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A deputy sheriff in Orange County named Mark Froome makes a traffic stop of Edward Gallardo for having a broken taillight. Froome immediatel...

People v. Anzalone (Cal. Ct. App. - June 13, 2005)

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I'll briefly mention this case for three reasons. First, it concerns an alleged serious crime (attempted murder) that occurred very near...
Friday, June 24, 2005

Jimenez v. County of L.A. (Cal. Ct. App. - June 13, 2005)

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Good to know that if you're in Los Angeles and charged with a serious crime like rape, and there's conclusive DNA evidence that'...
Thursday, June 23, 2005

U.S. v. Bello-Bahena (9th Cir. - June 15, 2005)

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Two quick points about this case , which involves one of the many, many, many (did I say many?) criminal cases that we have down here in the...
Wednesday, June 22, 2005

People v. Bautista (Cal. Ct. App. - June 8, 2005)

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It's one thing to work in a massage parlor in Oakland and jerk off customers for money. It happens. And, if that's indeed your job, ...

Le Francois v. Goel (Cal. Supreme Ct. - June 10, 2005)

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I think we can all agree that lawyers are pretty good at finding loopholes. That's their job, after all. Or at least part of it. So, on ...
Tuesday, June 21, 2005

Barton v. USDC (9th Cir. - June 9, 2005)

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Can you can troll for clients on the internet with a disclaimer that anything they say to you doesn't create an attorney-client relation...
Monday, June 20, 2005

Maffei v. Woodlawn Memorial Park (Cal. Ct. App. - June 10, 2005)

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You learn something new every day. Today, I learned that there's actually a pretty detailed procedure about how you go about getting per...
Friday, June 17, 2005

Truong v. Orange County Sheriff's Dept. (Cal. Ct. App. - June 8, 2005)

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Please don't wrap yourself up in the flag. Particularly when you're wrong. Here, the plaintiff engages in a bit of hyperbole. To whi...
Thursday, June 16, 2005

U.S. v. Sandoval-Lopez (9th Cir. - June 6, 2005)

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There's a lot to like about this case . First, Judge Kleinfeld reaches the right result, holding that it's ineffective assistance o...

Snowney v. Harrah's Entertainment (Cal. Supreme Ct. - June 6, 2005)

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The California Supreme Court held in this case that California has personal jurisdiction to adjudicate a class action against various Nevada...
Wednesday, June 15, 2005

People v. Lopez (Cal. Ct. App. - June 8, 2005)

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Listen to this closing argument by the prosecutor in a case in which the defendant was charged with resisting arrest: "The defendant ba...

Acosta v. SI Corp. (Cal. Ct. App. - June 6, 2005)

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This opinon by Justice Epstein makes sense upon first glance, which is undoubtedly why it comes out the way it does. But I don't know i...
Tuesday, June 14, 2005

People v. Brady (Cal. Ct. App. - June 2, 2005)

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Brady accidentally starts a forest fire when cooking some methamphetamine. Okay, that's a bad thing. He should definitely be punished fo...
Monday, June 13, 2005

Menotti v. City of Seattle (9th Cir. - June 2, 2005)

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Wow. Battles beget battles, I guess. Let me warn you that these are long opinions. That said, it's definitely well worth the tme to read...
Friday, June 10, 2005

Warrick v. Superior Court (Cal. Supreme Ct. - June 2, 2005)

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Sometimes things just strike you as funny. Warrick is hanging out with a bunch of other people in an area well-known for drug sales and star...
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