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, October 31, 2007

Principal Life Ins. Co. v. Peterson (Cal. Ct. App. - Oct. 31, 2007)

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We know that Scott Peterson shouldn't be entitled to the proceeds of the $250,000 life insurance policy held by his wife. Whom he kille...

U.S. v. Preciado (9th Cir. - Oct. 31, 2007)

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Clearly correct. Don't bring your kids along when you smuggle drugs across the border. Or you'll get a little extra prison time. A...
Tuesday, October 30, 2007

Med-Trans Corp. v. City of California City (Cal. Ct. App. - Oct. 30, 2007)

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It's always neat to see an opinion about a California attorney, especially when it contains a lengthy recitation of the facts. Here'...

People v. Stevens (Cal. Ct. App. - Oct. 29, 2007)

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I was in DC on Monday, so missed this opinion when it first came out. But it's not one that should be overlooked. There's a great...
Friday, October 26, 2007

People v. Cole (Cal. Ct. App. - Oct. 26, 2007)

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It's been a very slow week for the Ninth Circuit. Only four published opinions during that entire period. But, thankfully, the Califor...
Thursday, October 25, 2007

U.S. v. Banks (9th Cir. - Oct. 25, 2007)

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Wait a minute. I'm confused. A's girlfriend calls B a "crab". Which -- and I am not at all embarassed to admit that I di...

People v. Thomas (Cal. Ct. App. - Oct. 22, 2007)

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Imagine that you (or a loved one) were being tried for a criminal offense, and you thought that you (or your loved one) were legally insane ...
Wednesday, October 24, 2007

People v. Hertzig (Cal. Ct. App. - Oct. 24, 2007)

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Rarely do you see the Court of Appeal describe an impressive performance at trial by a criminal defendant who elected to represent himself. ...
Tuesday, October 23, 2007

People v. Lake (Cal. Ct. App. - Sept. 13, 2007)

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This one wouldn't have received nearly as much attention had it been published prior to the Larry Craig scandal. But if you're des...
Monday, October 22, 2007

Ventura County Public Health Officer v. Adalberto M. (Cal. Ct. App. - Oct. 22, 2007)

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Depressing . On multiple levels: "In early August 2006, Adalberto M., a 37-year old homeless man with a history of heroin and methamph...

Rhodes v. Avon Products, Inc. (9th Cir. - Oct. 15, 2007)

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Fires rage. The University of San Diego closes down. But the Ninth Circuit bravely continues to publish opinions. Tears of respect well up...
Thursday, October 18, 2007

People v. Stuart (Cal. Ct. App. - Oct. 18, 2007)

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You might well -- indeed, probably will -- get away with it if you suffocate your 87-year old mother with a pillow while she's in a nurs...

Suntharalinkam v. Keisler (9th Cir. - Oct. 18, 2007)

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Imagine you've got a case that's pending before the en banc court in which you've got very little to gain even if you win. Say,...
Wednesday, October 17, 2007

People v. Stuedemann (Cal. Ct. App. - Oct. 15, 2007)

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Justice McDonald is exactly, exactly right . And makes the argument cogently, intellectually, and with precision. Giving a massage on a cons...
Tuesday, October 16, 2007

SEC v. Ross (9th Cir. - Oct. 15, 2007)

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This is why you like to see incredibly smart people -- sometimes academics, even -- appointed to the Court of Appeals. It's an erudite,...

Carlson v. U.S. Postal Service (9th Cir. - Oct. 15, 2007)

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Whereas I have briefly been away from my computer, the Ninth Circuit has been busy as a beaver. And cranked out a half-dozen published opin...
Thursday, October 11, 2007

Zurich American Ins. Co. v. Superior Court (Cal. Ct. App. - Oct. 11, 2007)

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Justice Epstein was entirely right to step in here and grant the writ petition . It's an attorney-client privilege issue. The trial cou...

U.S. v. Sutcliffe (9th Cir. - Oct. 11, 2007)

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Yikes! Want to read a creepy story about a dangerously threatening geek? Then read the first four pages of this opinion . Nasty. Later on...
Wednesday, October 10, 2007

Parle v. Runnels (9th Cir. - Oct. 10, 2007)

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If at first you don't succeed, try -- and then try -- again. Who knows? Maybe the third time will be a charm. Like it is here . Timoth...
Tuesday, October 09, 2007

Guglielmino v. McKee Foods Corp. (9th Cir. - Oct. 9, 2007)

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Can't get enough of civil procedure? Want to desperately know more about subject matter jurisdiction? If so, I'm sure you're n...
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