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.

Wednesday, May 31, 2006

Lindsay v. Lewandowski (Cal. Ct. App. - May 31, 2006)

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Hmmm. I don't know about this one . And the more I think about it, the less I probably agree with it. There are two opinions, both of ...
Tuesday, May 30, 2006

Pinto v. City of Visalia (Cal. Ct. App. - May 25, 2006)

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Who needs soap operas?! Check out the first dozen or so pages of this opinion , or even the whole thing. You couldn't write anything fic...

Edmonds v. Hammett (9th Cir. - May 25, 2006)

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I'm definitely going to talk about this case at length . Which involves a probate matter filed in federal court (!) that concerns a memb...
Friday, May 26, 2006

Benitez v. Garcia (9th Cir. - May 23, 2006)

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How tough is it to get this one right?! The United States wants to extradite Cristobal Benitez from Venezuela. But Venezuela -- like several...
Thursday, May 25, 2006

Friery v. Los Angeles USD (9th Cir. - May 24, 2006)

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This one is just rushing to judgment. (Not.) The case concerns whether a school district's race-conscious transfer policy is unconstitu...
Wednesday, May 24, 2006

Vacek v. USPS (9th Cir. - May 24, 2006)

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I did a double- and then triple-take when I read this case . It's a strange one indeed. The underlying issue isn't all that complic...

U.S. v. Casch (9th Cir. - May 24, 2006)

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Judge Noonan: Could you please modify this opinion to change the ninth paragraph? There are two problems with it; one substantive, one techn...
Tuesday, May 23, 2006

People v. R.T.P. (Cal. Ct. App. - May 23, 2006)

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This is an outstanding -- and simultaneously disturbing -- opinion by Justice Hollenhorst . The outstanding part is that the opinion itself ...
Monday, May 22, 2006

Ford v. Polaris Industries (Cal. Ct. App. - May 18, 2006)

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Watch out when you ride those personal watercraft. Not surprisingly, the water that it uses as propulsion jets out at really quickly. But I ...
Friday, May 19, 2006

Fields v. Palmdale School District (9th Cir. - May 17, 2006)

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This one is hilarious . Simply hilarious. In part because it's fairly rare. And in part because of both the tenor and content of what...
Thursday, May 18, 2006

In Re Freeman (Cal. Supreme Court - May 18, 2006)

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Wow. Freeman is sentenced to death. He makes an unusual claim: that the trial judge had an impermissible ex parte communication with the ...
Wednesday, May 17, 2006

U.S. v. Diaz-Argueta (9th Cir. - May 16, 2006)

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Be careful what you wish for. I recently kidded the Ninth Circuit -- good-naturedly, of course -- for taking a holiday in mid-May and not is...
Tuesday, May 16, 2006

Kim v. Yi (Cal. Ct. App. - May 15, 2006)

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It's not too late, Justice Armstrong . This is a good opinion . Nice, tight, short (8 double-spaced pages), well-argued, and seemingly c...
Monday, May 15, 2006

Nothing v. Nothing (9th Cir. - May 12-15, 2006)

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I didn't know that the middle of May was a holiday of some sort. But I guess I was wrong. Since the last time the Ninth Circuit issued...

People v. King (Cal. Supreme Court - May 15, 2006)

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We all know the Marbury v. Madison move from our basic Constitutional Law class: Let Party X win but, in deciding in their favor, articula...
Friday, May 12, 2006

People v. Boyer (Cal. Supreme Ct. - May 11, 2006)

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I don't see how anyone -- on either side of the issue -- can be legitimately happy with this state of affairs. Richard Boyer allegedly c...
Thursday, May 11, 2006

U.S. v. Rutledge (9th Cir. - May 11, 2006)

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Whoops! The district court enters a preliminary injunction seizing the assets of a company that's controlled by Rutledge, who has just b...
Wednesday, May 10, 2006

People v. Shazier (Cal. Ct. App. - May 8, 2006)

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Crickey. There's some strong language about the prosecutor in Justice Rushing's opinion in this case , which reverses on grounds of ...
Tuesday, May 09, 2006

Mukthar v. Latin American Security Service (Cal. Ct. App. - May 8, 2006)

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This is an excellent opinion by Justice Flier . It's short (ten double-spaced pages) and yet, even within such confined limits, is suffi...

People v. Chatman (Cal. Supreme Ct. - May 8, 2006)

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Virtually every death penalty case is depressing, of course. But this one hit me harder than most . Read the first ten pages, which describe...
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