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, August 29, 2008

In Re Antonio B (Cal. Ct. App. - Aug. 28, 2008)

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You're walking down the street with your buddy. He's smoking a doobie. There's just the two of you. Three police officers come u...
Thursday, August 28, 2008

Richards v. Richards (9th Cir. - Aug. 28, 2008)

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Don't hire your lover to kill your spouse. Otherwise you'll get . . . pretty much away with it, but only $50,000 of his million dol...

Barba v. Perez (Cal. Ct. App. - Aug. 28, 2008)

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As a person keenly interested in litigiation strategy, I very much enjoy it when the Court of Appeal not only issues opinions that generate ...
Wednesday, August 27, 2008

Chimenti v. Weisz (Cal. Ct. App. - Aug. 27, 2008)

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How do you think you'd feel if, upon your death, this is the way you were remembered in the everlasting pages of the California Reporte...

People v. Bolton (Cal. Ct. App. - Aug. 27, 2008)

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Here's an interesting case . From down here in San Diego, even. Concerning a defendant with a cool name -- "Exodus Bolton" -...
Tuesday, August 26, 2008

In Re Bardzik (Cal. Ct. App. - Aug. 26, 2008)

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This afternoon brings us this modification of this original opinion by Justice Sills. Who, apparently, has been watching the Food Network...

Zhao v. Mukasey (9th Cir. - Aug. 26, 2008)

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Some cases are fairly simple. You're a married couple from China. You are practitioners of Falun Gong. You've got a good (and cred...
Monday, August 25, 2008

Dzyuba v. Mukaasey (9th Cir. - Aug. 25, 2008)

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Let me offer some additional help -- beyond that provided by the Ninth Circuit earlier today -- to the BIA on remand. As recent events shou...
Friday, August 22, 2008

U.S. v. Easterday (9th Cir. - Aug. 22, 2008)

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Normally, when everyone on the panel agrees that the defendant's conviction is just and proper, you simply affirm. Here's one of th...

McMurtrey v. Ryan (9th Cir. - Aug. 21, 2008)

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You see plenty of death penalty cases that take a long period of time. So, sure, the murder that gave rise to the death penalty at issue her...
Thursday, August 21, 2008

In Re Shaputis & In Re Lawrence (Cal. Supreme Ct. - Aug. 21, 2008)

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As I've often discussed, there's been a lot going on in the California Court of Appeal in response to the nearly uniform decisions o...
Wednesday, August 20, 2008

Koninkluke Phillips Electronics v. KXD Technology (9th Cir. - Aug. 20, 2008)

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Bad things can happen to you when you manufacture and sell counterfeit goods. Even before trial. For example, a civil contempt order award...

People v. Meneses (Cal. Ct. App. - Aug. 19, 2008)

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Ah, the exciting life of a capper.
Tuesday, August 19, 2008

Pelton-Shepherd Industries v. Delta Packaging Products (Cal. Ct. App. - Aug. 19, 2008)

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Here's a wonderful review of what can go wrong in discovery . Especially if you leave it until right before trial. As well as a fairly c...

Oltman v. Holland America (9th Cir. - Aug. 19, 2008)

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Want to see the Ninth Circuit go out of its way to be nice to a civil litigant in order to prevent inequity? Then check this out . Especia...
Monday, August 18, 2008

U.S. v. Jaeger (9th Cir. - Aug. 18, 2008)

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I agree with Judge Graber in this one . It's one thing for a judge to threaten a witness and intimidate him or her into not testifying....

U.S. v. Park (9th Cir. - Aug. 11, 2008)

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Hmmm. At first, Judge McKeown had me totally convinced she was right. But then I thought: "Wait a minute, I'm not so sure." An...
Friday, August 15, 2008

Lockerby v. Sierra (9th Cir. - Aug. 7, 2008)

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Judge Hawkins is correct. The defendant here should indeed get a discharge. Even a deliberate breach of contract -- here, of a routine settl...
Thursday, August 14, 2008

People v. Nelms (Cal. Ct. App. - Aug. 14, 2008)

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It's an unusual case in which a convicted defendant will want to abandon his appeal and yet the Court of Appeal will refuse to allow him...

People v. Muniga and People v. Wallace (Cal. Supreme Ct. - Aug. 14, 2008)

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Two death penalty opinions from the California Supreme Court this morning. With striking similarities. Both involve a first-degree murder c...
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