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, October 31, 2008

Apollo v. Gyammi (Cal. Ct. App. - Oct. 31, 2008)

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Three straight days now with no published opinions from the Ninth Circuit. But, again, the California Court of Appeal takes up the slack. In...
Thursday, October 30, 2008

Turner v. Association of American Medical Colleges (Cal. Ct. App. - Oct. 30, 2008)

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For anyone who wants to take the MCAT, this is an important case . It's also important, by analogy, to those of us in the legal field. E...

In Re Charllisse C. (Cal. Supreme Ct. - Oct. 30, 2008)

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The Ninth Circuit has taken the last couple of days off, at least as far as published opinions go. Fortunately, there's no rest for the...
Wednesday, October 29, 2008

People v. Newby (Cal. Ct. App. - Oct. 29, 2008)

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A woman named Julie tells her fiancee that she's breaking off the engagement and leaving him. The fiancee (William Newby) responds by ...
Tuesday, October 28, 2008

U.S. v. Snellenberger (9th Cir. - Oct. 28, 2008)

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I knew that Willie Fletcher was a former law professor. But I didn't know he was this influential . It's an en banc decision, the m...
Monday, October 27, 2008

People v. Conception (Cal. Supreme Ct. - Oct. 27, 2008)

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Here's yet another reason not to attempt to escape from custody once your trial has started. Not only will they give the jury an advers...

Citizens for Civic Accountability v. Town of Danville (Cal. Ct. App. - Oct. 27, 2008)

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Yes, we live in an electronic era. But that doesn't mean that California statutes are necessarily in the 21st century. So when Californ...
Friday, October 24, 2008

U.S. v. Hinkson (9th Cir. - Oct. 20, 2008)

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When the opinions span over 90 single-spaced pages and result in even ordinarily close colleagues being unusually snippy with each other ( ...
Thursday, October 23, 2008

U.S. v. Fiander (9th Cir. - Oct. 23, 2008)

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Contraband cigarette trafficking. It still exists. And while we can't charge members of the Yakima tribe (up in Washington) with subst...

Styers v. Schriro (9th Cir. - Oct. 23, 2008)

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One may perhaps take umbrage that it has taken 18 years for this death penalty case to work its way through the Arizona state system and fin...
Wednesday, October 22, 2008

Mangano v. Verity (Cal. Ct. App. - Oct. 22, 2008)

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I agree with Justice Mihara that the defendant employer here was entitled to summary judgment in its favor, as well as an award of post-998 ...

El Dorado County Dep't of CSS v. Nutt (Cal. Ct. App. - Oct. 21, 2008)

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I can't think of a more important use of social resources than for the government to bring and defend on appeal a child support action a...
Tuesday, October 21, 2008

New v. Kroeger (Cal. Ct. App. - Oct. 21, 2008)

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The Episcopal Church has had a lot of defections recently as a result of its decision to ordain an openly gay bishop (just like, several de...

Mt. Holyoke Homes v. California Coastal Comm'n (Cal. Ct. App. - Oct. 21, 2008)

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Sometimes it takes eighteen years before you can get approval to build a home near the coast. Sometimes it takes even longer. Here's p...
Monday, October 20, 2008

Porter v. Osborn (9th Cir. - Oct. 20, 2008)

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Don't pull off on the side of the road in Alaska. You may well be killed. And it might be by the police. The chilling details, the keen ...

Estrada-Espinoza v. Mukasey (9th Cir. - Oct. 20, 2008)

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A couple of years ago, Judge Alarcon wrote an opinion that said that you get deported if you have sex with someone who's 16 or 17. At l...
Friday, October 17, 2008

Cundiff v. Verizon Wireless (Cal. Ct. App. - Oct. 16, 2008)

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You're killing me. The second straight day of no published opinions from the Ninth Circuit. And from the California appellate courts, ...
Thursday, October 16, 2008

Fasuyi v. Permatex (Cal. Ct. App. - Oct. 15, 2008)

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Nothing at all from either the Ninth Circuit or the California appellate courts today. What's a person supposed to do for recreational...
Wednesday, October 15, 2008

O'Leary v. Aubrey (Cal. Ct. App. - Oct. 7, 2008)

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Desert. Very little today. Nothing at all from the California Court of Appeal. From the Ninth Circuit, only a guidelines case, a standard...
Tuesday, October 14, 2008

Hoffman v. Citibank (9th Cir. - Oct. 14, 2008)

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The Ninth Circuit remands -- "respectfully" (though I think they actually mean it this time) -- so the district court can apply t...
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