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, January 29, 2010

People v. Lessie (Cal. Supreme Ct. - Jan. 28, 2010)

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Imagine that the first sentence of a contemporary opinion by the California Supreme Court opinion begins with the sentence: "We granted...
Thursday, January 28, 2010

U.S. v. Treadwell (9th Cir. - Jan. 28, 2010)

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It may well be that 2009 was the "Year of the Ponzi Scheme," and Judge Gould makes a reference to exactly that in the second footn...

Robles v. Chalilpoyil (Cal. Ct. App. - Jan. 27, 2010)

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It's a SLAPP appeal , and those are always slightly interesting. Especially when they involve California attorneys as defendants. The ap...
Wednesday, January 27, 2010

Save The Plastic Bag Coalition v. City of Manhattan Beach (Cal. Ct. App. - Jan. 27, 2010)

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Sometimes your legal strategies can turn around and bite you in the arse. For decades, environmental advocates have litigated for a strong a...

Kawashima v. Holder (9th Cir. - Jan. 27, 2010)

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Judge O'Scannlain writes this morning : "We are called upon to decide whether petitioners’ convictions for subscribing to a false s...
Tuesday, January 26, 2010

McDermott v. Ampersand Publishing (9th Cir. - Jan. 26, 2010)

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I'll have more of substance to say about this case shortly . Which involves a facially narrow labor law issue but which nonetheless is ...

Manuel C. v. Superior Court (Cal. Ct. App. - Jan. 26, 2010)

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Justice Epstein seems right that in dependency proceedings, once a case involving one child is over, a party gets a new peremptory challeng...

Ho v. Hsieh (Cal. Ct. App. - Jan. 26, 2010)

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It's a short little opinion from this morning . At least as Court of Appeal decisions go. Twelve double-spaced pages. But it could hav...
Monday, January 25, 2010

Lexin v. Superior Court (Cal. Supreme Ct. - Jan. 25, 2010)

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For most people, Mondays aren't typically cause for massive celebration. But today's an exception for the former members of San Die...
Friday, January 22, 2010

U.S. v. Green (9th Cir. - Jan. 22, 2010)

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I think that Judge Tashima's introductory paragraph in this one is pretty darn apt: "Depending on whose version of this case you ...
Thursday, January 21, 2010

Truong v. Glasser (Cal. Ct. App. - Jan. 21, 2010)

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Let's hear it for statutes of limitations running fairly quickly against lawyers . San Diego attorney Bruce Glasser enjoys the fruits o...

People v. Kelly (Cal. Supreme Ct. - Jan. 21, 2010)

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I'm somewhat of two minds about this morning's decision from the California Supreme Court . Notwithstanding the fact that it's ...
Wednesday, January 20, 2010

In Re Criscione (Cal. Ct. App. - Jan. 13, 2010)

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Arthur Criscione was born in 1938, making him 71 or 72 years old. He's had 14 prior parole hearings. Would you let him out? Here are t...
Thursday, January 14, 2010

Crowe v. Wrisley (9th Cir. - Jan. 14, 2010)

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It was one of the highest-profile murders in San Diego in recent memory: The Stephanie Crowe murder on January 20, 1998, when 12-year-old S...
Wednesday, January 13, 2010

Full Throttle Films, Inc. v. National Mobile Television (Cal. Ct. App. - Jan. 12, 2010)

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The name of the plaintiff in this case is "Full Throttle Films," which led me to think: "Hmmm. This one might be interestin...

People v. Alford (Cal. Ct. App. - Jan. 13, 2009)

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"In April 2008, defendant Anthony Mark Alford, Jr., entered a Wal-Mart, loaded a shopping cart with meat, put most of the meat in a 150...

U.S. v. Yip (9th Cir. - Jan. 13, 2010)

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As your 1099s begin to arrive in this new Tax Year, let me be the first to remind you that there are serious downsides to running an "o...
Tuesday, January 12, 2010

People v. Gonzalez (Cal. Ct. App. - Jan. 12, 2010)

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Armando Gonzalez and Jose Ortiz are driving in Pomona with a couple of fellow gang-bangers. They see Hector sitting on the sidewalk watchin...
Monday, January 11, 2010

People v. Fierro (Cal. Ct. App. - Jan. 11, 2010)

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I'll have to agree with the Court of Appeal on this one . All that Michael Ibarra wanted to do was to pump some gas. Here's a case...

U.S. v. Pineda-Moreno (9th Cir. - Jan. 11, 2010)

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The Ninth Circuit holds today that it's okay for the DEA, and presumably any other law enforcement official, to come into your driveway,...
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