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.

Wednesday, March 31, 2010

National Meat Ass'n v. Brown (9th Cir. - March 31, 2010)

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Remember that Humane Society video from 2008 that showed "downer" cows -- cows unable to stand or walk without assistance -- being...

Geographic Expeditions v. Lhotka (9th Cir. - March 31, 2010)

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Words to the wise: Hikes up Mount Kilimanjaro aren't always fun .
Tuesday, March 30, 2010

People v. Johnson (Cal. Ct. App. - March 30, 2010)

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This morning's opinion may give some insight into the nature of police work . Someone robs a Shell station in Sacramento at gunpoint on ...

A.H. v. Superior Court (Cal. Ct. App. - March 11, 2010)

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Father has his kids taken away but wants them back. However, it's going to take a lot -- and I mean, a lot -- of rehabilitation before t...
Monday, March 29, 2010

People v. Warwick (Cal. Ct. App. - March 4, 2010)

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I'll just tell the story on this one : "Defendant was 18 years old when she gave birth to her son, later named Cameron, in April 20...
Friday, March 26, 2010

Daniel v. Coleman Co. (9th Cir. - March 26, 2010)

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Don't use an industrial heater inside a camper or tent. You can die . I remember fondly using a Coleman heater when we would go on our y...

U.S. v. Castro (9th Cir. - March 26, 2010)

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Let's say you're an illegal alien. Worse (for you), you were deported in 2003. Even worse, this transpired after you pled guilty t...
Thursday, March 25, 2010

Int'l Soc. for Krishna Consciousness v. Los Angeles (Cal. Supreme Ct. - March 25, 2010)

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I'm excited to be able to describe an opinion of the California Supreme Court in a single sentence that merely links to a movie clip. A...

Winans v. Timar (Cal. Ct. App. - March 25, 2010)

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We've got a lot of legal doctrines that shield the jury room from scrutiny. We know they're making sausage in there. We don't ...
Wednesday, March 24, 2010

In Re Marriage of McManus (Cal. Ct. App. - Feb. 25, 2010)

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The caption of this case is In Re Marriage of MacManus . Which is otherwise unexceptional. As is the issue in the appeal. But upon reading...

U.S. v. Christensen (9th Cir. - March 24, 2010)

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If you sign on with the screen name "horneyguy59405" -- 59405 being a zip code in Great Falls, Montana, where you live -- and all ...
Tuesday, March 23, 2010

Amerigraphics v. Mercury Casualty Co. (Cal. Ct. App. - March 23, 2010)

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Want to see an example of insurance bad faith? Something that even the trial court described as "really terrible," "really, ...

Compton USD v. Addison (9th Cir. - March 22, 2010)

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"Addison received very poor grades and scored below the first percentile on standardized tests during her ninth-grade year in 2002-2003...

People v. Townsend (Cal. Ct. App. - March 15, 2010)

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Here's a combination that's never good: (1) delusional paranoia, and (2) an obsession with Molotov cocktails. Particularly in a guy...
Monday, March 22, 2010

Xilinx v. CIR (9th Cir. - March 22, 2010)

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Uh oh. It's an opinion by Judge Noonan . A concurrence by Judge Fisher. And a dissent by Judge Reinhardt. Look out! Here comes the ...
Friday, March 19, 2010

In Re Marshall (9th Cir. - March 19, 2010)

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Sorry, Anna Nicole Smith. (Or, more accurately, the spirit of Vickie Lynn Marshall, her 3-year old daughter Danniellynn Stern -- the heir t...
Thursday, March 18, 2010

People v. Gamache (Cal. Supreme Ct. - March 18, 2010)

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It's a California Supreme Court death penalty opinion. So I don't have to tell you how it's coming out, or what the vote's g...

U.S. v. Cha (9th Cir. - March 9, 2010)

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We don't have a plethora of published Ninth Circuit opinions coming out of Guam. Interestingly, though, while I haven't run the numb...
Wednesday, March 17, 2010

SIEU v. U.S. (9th Cir. - March 17, 2010)

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I agree that when a statute says that a penalty of $20 a day "shall" be imposed upon a taxpayer that fails to timely file a tax re...
Tuesday, March 16, 2010

In Re Moses (Cal. Ct. App. - March 16, 2010)

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The Moses in this case is not exactly like the other Moses . Unless history somehow failed to record that the old Moses -- like the curren...
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