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, April 30, 2009

In Re Prindle (Cal. Ct. App. - April 20, 2009)

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Guess what sort of opinion contains the following description of the underlying facts : "In May 2002, Darrel Prindle entered the home o...
Wednesday, April 29, 2009

Burn v. Neiman Marcus (Cal. Ct. App. - April 28, 2009)

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Why do people embezzle? Gambling debts? Drug problems? Sure. I've seen all the above. But here's a new one . Someone who embezzled -...

People v. Frazier (Cal. Ct. App. - April 29, 2009)

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Here's an interesting case for the hard-core animal liberation crowd . You get an extra several years in prison if you "personally...
Tuesday, April 28, 2009

County of Los Angeles v. Fairmont Speciality Group (Cal. Ct. App. - April 28, 2009)

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Are you from Honduras (as a couple of my friends are)? If so, I've got a great profession for you: Drug dealer. Why, you might ask? Fo...

Mohamed v. Jeppsen Dataplan (9th Cir. - April 28, 2009)

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Sometimes you smile when the panel draw comes out. This is a torture case . Err, I mean, "extraordinary rendition." Oops, I mean...
Monday, April 27, 2009

Iglesia Evangelica Latina v. Southern Pacific Latin Am. Dist. (Cal. Ct. App. - April 27, 2009)

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Is there anything wrong with this opinion on the merits ? Probably not. It's another one of those difficult "who really owns the ...

Arizona v. Gant (U.S. Supreme Ct. - April 21, 2009)

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The usual rule I impose upon myself is to not write about contemporary Supreme Court cases. They get enough play and insight as it is, and I...
Friday, April 24, 2009

People v. Waldie (Cal. Ct. App. - April 24, 2009)

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Two points about this one . (1) Ewwwww. Creepy!! Reading the notes the defendant sent to the 15-year old just made my skin crawl. (2) Th...

Gardner v. Martino (9th Cir. - April 23, 2009)

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You've got more rights under the First Amendment if you're a blowhard . Or, to put it as Judge Consuelo Marshall does (sitting by d...

U.S. v. Crowe (9th Cir. - April 24, 2009)

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A cohabiting man and woman (who have an eighteen-month-old son) go to a bar to celebrate New Year's Eve. They return home from the bar ...
Thursday, April 23, 2009

Silverbrand v. County of Los Angeles (Cal. Supreme Ct. - April 23, 2009)

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Sometimes you win in the Court of Appeal and you're really, really happy. Until the case gets taken up by the California Supreme Court....

U.S. v. Mendez-Sanchez (9th Cir. - April 23, 2009)

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Your lawyers are telling you that you're going to be convicted, and are explaining why. I know you don't want to hear it. For reas...

Sierra Club v. Department of Transportation (9th Cir. - April 20, 2009)

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When you win in Congress, you don't have to win in court anymore . I bet you're glad that Obama guy won, right Sierra Club?
Wednesday, April 22, 2009

Morgan v. American Family Mut. Ins. Co. (9th Cir. - April 22, 2009)

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I was wondering when we were finally going to see one of these . Over the past decade or so, the Ninth Circuit has become much more pro-cert...

Buckingham v. Gannon (9th Cir. - April 22, 2009)

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It's rare enough that you see a district court deny approval of a class action settlement. It's even rarer when the parties attempt...
Tuesday, April 21, 2009

Sinha v. Holder (9th Cir. - April 21, 2009)

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Is there any reason whatsoever to talk about this opinion , which was published earlier today? Nope. None whatsoever. It merely makes som...

County of Los Angeles v. Fairmont Specialty Group (Cal. Ct. App. - April 21, 2009)

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Does statutory language matter? Sure it does. But so does the policy behind a statute, as well as its purpose. So I could talk at length a...

Solis v. Matheson (9th Cir. - April 20, 2009)

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You could literally write a book -- a whole book -- about federal courts and Native American law generated solely from cases involving smok...
Monday, April 20, 2009

People v. Flores (Cal. Ct. App. - April 20, 2009)

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The situation in Riverside is perhaps better -- at least slightly -- than it once was. But it's still a nightmare. Take a look at this i...

U.S. v. Santacruz (9th Cir. - April 20, 2009)

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Some cases resolve themselves. For example, one in which the sole question presented is: "Does a conviction for possession of child por...
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