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, May 31, 2007

People v. Richardson (Cal. Ct. App. - May 30, 2007)

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Don't send sexually explicit IMs to thirteen- and fourteen-year old girls. Even if they seem like they're into it. And especially if...

People v. Kinney (Cal. Ct. App. - May 31, 2007)

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This case might make a good student law review article. Defendant exercises his right to represent himself at his first criminal trial and ...

U.S. v. Kayser (9th Cir. - May 31, 2007)

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At the risk of being a pest, I'm going to point it out again. Seven days ago, Judge Trott issued this opinion for the en banc court in...

Garcia-Jimenez v. Gonzales (9th Cir. - May 30, 2007)

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Unusual. Judge Silverman authors an opinion on January 3, 2007 that's (allegedly) so simple that it doesn't even require oral argume...
Wednesday, May 30, 2007

U.S. v. Trimble (9th Cir. - May 30, 2007)

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"The Bill of Rights was ratified in 1791. The United States produced its first automobile in 1877, and the first traffic ticket issued ...

Ministry of Defense of Iran v. Cubic Defense Systems (9th Cir. - May 30, 2007)

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It's not every day you see the Ministry of Defense of Iran (technically, "The Ministry of Defense and Support for the Armed Forces ...
Tuesday, May 29, 2007

Urzua v. Gonzales (9th Cir. - May 29, 2007)

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Sometimes it doesn't pay to be a truthful person . Take Neftali Urzua Covarrubias, for example. He wants to stay in the United States. ...
Friday, May 25, 2007

Blue Cross v. Rubin (9th Cir. - May 25, 2007)

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Ever see a published opinion in which the opinion itself is less than 5 pages but the caption is almost three times as large? Now you have ...

U.S. v. Curtin (9th Cir. - May 24, 2007)

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Fifteen informed, incredibly well-educated judges, each of whom reads -- and the majority of whom sign onto -- the majority en banc opinion...
Thursday, May 24, 2007

Rotolo v. San Jose Sports & Ent. (Cal. Ct. App. - May 24, 2007)

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I agree with the majority opinion (written by Justice Bamattre-Manoukian ) in this one . It's tragic that the 17-year old plaintiff wen...

People v. Lancaster (Cal. Supreme Ct. - May 24, 2007)

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Read the first eight pages of this opinion. Then see if you agree with me as regards the following maxim: When you're clearly guilty of...

U.S. v. Orman (9th Cir. - May 22, 2007)

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Orman: "Do you find Chief Orman attractive?" Jack: "You're a striking figure, yes." Orman: "Do you like South ...
Wednesday, May 23, 2007

Powell v. Kleinman (Cal. Ct. App. - May 23, 2007)

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Who says the Court of Appeal doesn't -- at least occasionally -- dig deep, immerse itself in the facts, and issue detailed and very spec...

People v. Oropeza (Cal. Ct. App. - May 23, 2007)

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Don't cut someone off on the 805 . Oh, also: Don't shoot someone just because they cut you off on the 805 . Or you may, as here, g...

Baker v. Exxon Mobile (9th Cir. - May 23, 2007)

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I like it when an opinion is somewhat entertaining. But, sometimes, the judge/clerk is simply trying way too hard. Like this nautically-the...
Tuesday, May 22, 2007

In Re Sandra Lawrence (Cal. Ct. App. - May 22, 2007)

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Fourth time's a charm . Davis wins rounds one and two. Schwarzenegger wins rounds three. But loses round four. So Sandra Lawrence ge...

Eight Unnamed Physicians v. Medical Exec. Comm. (Cal. Ct. App. - May 22, 2007)

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I got a late start reading opinions today. Sometimes the fact that I have a real job (okay, make that "real job") gets in the way...
Monday, May 21, 2007

People v. Superior Court/Decker (Cal. Supreme Ct. - May 21, 2007)

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I know that some of our youngest readers are starting to study for the bar exam this week. Maybe this will help. It's a good review of t...

People v. Cervantes (Cal. Ct. App. - May 16, 2007)

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Wilfredo Cervantes wants to appeal his drug conviction. But the court reporters says that due to a "technical malfunction" (really...
Friday, May 18, 2007

U.S. v. Smiskin (9th Cir. - May 18, 2007)

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I assume this means that members of the Yakima tribe don't have to pay stop at highway toll booths either.
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