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, February 26, 2010

People v. Carter (Cal. Ct. App. - Feb. 26, 2010)

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One of the things you can do as a criminal defendant is to try to gum up the works. Make a motion to represent yourself, then ask for a law...
Thursday, February 25, 2010

Doody v. Schiro (9th Cir. - Feb. 25, 2010)

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Judge Tallman, joined by Judges Rymer and Kleinfeld, opens the dissenting opinion carefully. It starts with the following initial paragraph:...
Wednesday, February 24, 2010

Daniels v. Robbins (Cal. Ct. App. - Feb. 24, 2010)

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Lawyers get sued for malicious prosecution. It happens. When they do, they almost invariably file anti-SLAPP motions. Rightly so. There...
Tuesday, February 23, 2010

In Re Christopher C. (Cal. Ct. App. - Feb. 22, 2010)

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What a nightmare. A husband and wife have seven children: Christopher (who's now 16), twins William and Kayle (who are 11), and quadrup...
Monday, February 22, 2010

Robinson v. Schiro (9th Cir. - Feb. 22, 2010)

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It's a death penalty habeas case out of Arizona. The panel consists of Judges Betty Fletcher, Marsha Berzon, and Johnnie Rawlinson. Thr...
Friday, February 19, 2010

Christian v. Frank (9th Cir. - Feb. 19, 2010)

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The Ninth Circuit graciously reminds us this morning that it's not 1973. Let's go back for a moment to that point in history. Presi...
Thursday, February 18, 2010

Zetino v. Holder (9th Cir. - Feb. 18, 2010)

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You see a relatively high amount of incompetence in immigration court. Cookie-cutter petitions. Excessive fees for doing nothing. Horrible b...
Wednesday, February 17, 2010

U.S. v. Borowy (9th Cir. - Feb. 17, 2010)

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Don't use Limewire if you have kiddie porn on your computer . Or any other peer-to-peer network, for that matter. It's not a Fourth...
Tuesday, February 16, 2010

U.S. v. Edwards (9th Cir. - Feb. 16, 2010)

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There's only one published opinion from the Ninth Circuit today . The first one, I might add, in almost a week. Fortunately, it's ...
Friday, February 12, 2010

California Correctional Peace Officer's Ass'n v. California (Cal. Ct. App. - Feb. 11, 2010)

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Nothing from the Ninth Circuit in two days. Nothing from the California Court of Appeal today. It's a lazy, lazy four- or five-day wee...
Thursday, February 11, 2010

People v. Ayala (Cal. Ct. App. - Feb. 11, 2010)

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Here's the first paragraph of the factual section of this opinion earlier today: "The Sureños and Norteños are rival street gangs....
Wednesday, February 10, 2010

Nunez v. Holder (9th Cir. - Feb. 10, 2010)

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Rarely do I change my opinion as radically as I did when I read this case . I'll describe my reaction temporally. The first thing I not...

Bull v. City and County of San Francisco (9th Cir. - Feb. 9, 2010)

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They say -- okay, even I say -- that the en banc draw doesn't always matter. Which I believe, if only because I say it. But sometimes i...
Tuesday, February 09, 2010

U.S. v. Vongxay (9th Cir. - Feb. 9, 2010)

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You're a police officer who sees a group of people hanging out in gangland in typical gang colors and, believing that one of them might ...
Monday, February 08, 2010

Mansourian v. Regents of the Univ. of Calif. (9th Cir. - Feb. 8, 2010)

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Most people know what Title Nine entails. At least generally. So much so that even the women's apparel manufacturer with that name get...
Thursday, February 04, 2010

Haight v. Catholic Healthcare West (9th Cir. - Feb. 4, 2010)

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Sometimes being smart is a bad thing . Here, for example, Oakland attorney Jeremy Friedman files a potentially lucrative qui tam suit agai...

Chase Manhattan Bank v. Texel (9th Cir. - Jan. 28, 2010)

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Judge Kleinfeld does a good job of making this somewhat complicated bankruptcy case clear , and writes concisely and persuasively. But I...
Wednesday, February 03, 2010

Dotson v. Amgen, Inc. (Cal. Ct. App. - Feb. 3, 2010)

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I'm glad the Court of Appeal (eventually) elected to publish this one . Because it's right, and if trial courts are holding otherwi...
Tuesday, February 02, 2010

U.S. v. Rassam (9th Cir. - Feb. 2, 2010)

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Here's another case that will go en banc . It's a high-profile case, involving high profile issues: Here, what sentence should be g...

U.S. v. Leow (9th Cir. - Feb. 2, 2010)

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The Ninth Circuit's web site lists the "case origin" for every published opinion; basically, what district it came from. You c...
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