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.

Friday, December 29, 2006

Ochoa-Amaya v. Gonzales (9th Cir. - Dec. 29, 2006)

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Sometimes fraud only gets you into trouble, my friends. Ochoa-Amaya illegally enters the United States (with his parents) in 1985, when he...

Comer v. Schriro (9th Cir. - Dec. 29, 2006)

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Three months ago, when this opinion was published, I said that it wouldn't be around that long , and would be taken en banc shortly. An...
Thursday, December 28, 2006

U.S. v. Sandoval-Mendoza (9th Cir. - Dec. 27, 2006)

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These are some of the best lines that Judge Kleinfeld has written in a long time. And that's saying a lot, because he writes pretty dar...

U.S. v. Lee (9th Cir. - Dec. 27, 2006)

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Sometimes one can figure out how an opinion's going to come out merely by reading the first sentence or paragraph -- by the way the auth...
Wednesday, December 27, 2006

U.S. v. Baldrich (9th Cir. - Dec. 27, 2006)

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If memory (and very brief research) serves me well, this is the first published opinion by Judge Ikuta . It's also a pretty good one, ...

People v. Zachery (Cal. Ct. App. - Dec. 27, 2006)

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You've got to read this one . To encourage you to do so, I'll not only note that it's less than 20 double-spaced pages, but also...

People v. Boudames (Cal. Ct. App. - Dec. 22, 2006)

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Getting audited by the California Board of Equalization for underreporting the amount of sales tax you owe for your business? Here's ho...
Tuesday, December 26, 2006

Sangha v. La Barbara (Cal. Ct. App. - Dec. 26, 2006)

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When I went into work this morning, I had no idea that it was a holiday. Which apparently explained why the University was deserted. Not t...
Friday, December 22, 2006

People v. Isom (Cal. Ct. App. - Dec. 21, 2006)

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Once again, I must first go on record. I do not support touching little girls. It's bad. It's wrong. Don't do it. Everyone clear...
Thursday, December 21, 2006

People v. Rasmuson (Cal. Ct. App. - Dec. 21, 2006)

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Wow. This one is close . When I read the first paragraph of the opinion, which described the two molestation offenses for which the defenda...
Wednesday, December 20, 2006

People v. Dutra (Cal. Ct. App. - Dec. 20, 2006)

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Sometimes you read an opinion and say: "Wow. I wish I could write nearly half as well as this." Which was my reaction to this o...
Tuesday, December 19, 2006

Boonyarit v. Payless Shoesource (Cal. Ct. App. - Dec. 19, 2006)

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It's pretty rare that you see an appeal that exclusively concerns the entitlement to a whopping $585.75 in costs. If only because the a...

Levine v. Smith (Cal. Ct. App. - Dec. 18, 2006)

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I generally comment, at least briefly, about any significant opinion that involves a successful malpractice suit against a California attorn...
Monday, December 18, 2006

In Re Burton (Cal. Supreme Ct. - Dec. 18, 2006)

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It's been almost 24 years since the murder. And Andre Burton has just now finished exhausting his state remedies . And doesn't seem ...

People v. Brandon (Cal. Ct. App. - Dec. 15, 2006)

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Want to know what being a pimp -- as well as a prostitute for a pimp -- is really like? Then read the first twenty pages of this opinion ...
Friday, December 15, 2006

Wakefield v. Bohlin (Cal. Ct. App. - Dec. 15, 2006)

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Call me nutty. Call me crazy. Call me absurd. Call me way, way too interested in civil procedure. But I think the California Supreme Cou...

People v. Johnson (Cal. Ct. App. - Dec. 14, 2006)

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Here's one way to spend the rest of your life in prison . It's simultaneously kind of funny and yet deeply sad. It starts out in a ...
Thursday, December 14, 2006

People v. Garcia (Cal. Ct. App. - Dec. 14, 2006)

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I like this opinion by Justice Yegan a lot. It's very short (six double-spaced pages). It has a tone that you don't usually see ...

U.S. v. Juvenile Male (9th Cir. - Dec. 14, 2006)

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I always knew that forfeiture and in rem actions were captioned by the name of the property; for example, U.S. v. $23,865 (and the like). ...
Wednesday, December 13, 2006

Wells Fargo Bank v. BCBU (Cal. Ct. App. - Oct. 27, 2006)

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Faculty meetings are amongst the worst part of this job. And today's rare mid-week faculty meeting has put me in an exhausted, sleep-de...
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