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, December 30, 2010

People v. Martin (Cal. Supreme Ct. - Dec. 30, 2010)

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Martin wins in the California Supreme Court!  No, wait.  Martin loses in the California Supreme Court!  Oh.  Martin wins! It's confusi...
Wednesday, December 29, 2010

Olsen v. Harbison (Cal. Ct. App. - Dec. 28, 2010)

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I wish this one had remained unpublished .  Or, better yet, had been decided the other way. It's not that Justice Hull necessarily ana...

Rezner v. Bayerische Hypo-Und Vereinsbank (9th Cir. - Dec. 28, 2010)

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It's hard to know who to root for it this one. Do you root for the plainitiff, John Rezner?  He's a rich co-founder of Yahoo! (who...
Tuesday, December 28, 2010

In Re Murguia (9th Cir. - Dec. 24, 2010)

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Let's ring in the holiday with a welcome to the newest member of the Ninth Circuit:  Judge Mary Murguia, who was confirmed last week .  ...
Thursday, December 23, 2010

U.S. v. Newhoff (9th Cir. - Dec. 16, 2010)

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Judges don't have to be unnecessarily harsh.  Or even harsh at all.  Here's a case in point .  In which Judge Kleinfeld says: ...
Tuesday, December 21, 2010

People v. Puentes (Cal. Ct. App. - Dec. 20, 2010)

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I'm not going to claim that I totally understand California's vindictive prosecution jurisprudence.  I know a little bit about the U...
Monday, December 20, 2010

People v. Albillar (Cal. Supreme Ct. - Dec. 20, 2010)

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Can a rape be committed "for the benefit of" a street gang?  I wouldn't have normally thought so.  Nor do Justices Werdegar an...
Friday, December 17, 2010

Chino Commercial Bank v. Peters (Cal. Ct. App. - Dec. 13, 2010)

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Never, ever, ever -- ever -- respond to an e-mail about some purported moneymaking scheme.  Never send money overseas to someone you don...
Thursday, December 16, 2010

Balsam v. Tucows, Inc. (9th Cir. - Dec. 16, 2010)

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I guess if you're going to lose your million-dollar-plus default judgment, it's at least nice that Judge McKeown lets you down easi...

Overhill Farms v. Lopez (Cal. Ct. App. - Dec. 14, 2010)

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Assume that I call you a racist.  Is that defamatory?  Remember:  Truth is a defense. Let's be more concrete.  Assume you run a compan...
Tuesday, December 14, 2010

County of Los Angeles v. LA County Employee Relations Comm. (Cal. Ct. App. - Dec. 15, 2010)

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I was on a plane and out-and-about nearly all day, but when I returned to the intertube this evening, I saw this case .  Which made me feel ...
Monday, December 13, 2010

U.S. v. Goyal (9th Cir. - Dec. 10, 2010)

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Look, Alex, I'm with you.  Seriously.  I too don't like it when the government files criminal charges against someone who's not ...
Friday, December 10, 2010

Pollard v. The GEO Group (9th Cir. - Dec. 10, 2010)

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Judge Bea understands how difficult it is sometimes to come up with the first paragraph of a petition for certiorari.  So he helps the defen...
Thursday, December 09, 2010

U.S. v. Johnson (9th Cir. - Nov. 29, 2010)

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I just stepped off a plane at SFO, am giving a talk today (alongside Gerald Uelmen and Justice Grodin) on the legacy of Chief Justice George...
Wednesday, December 08, 2010

Stahl v. U.S. (9th Cir. - Nov. 29, 2010)

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I'm utterly fascinated by this one . It's a tax opinion.  So you wouldn't initially think it likely to result even in interest...
Tuesday, December 07, 2010

Doe v. Albany USD (Cal. Ct. App. - Nov. 30, 2010)

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You've gotta have phys ed.  At least for 20 minutes a day. That's what the statute says.  That's what the Court of Appeal righ...

U.S. v. Lopez-Velasquez (9th Cir. - Dec. 7, 2010)

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You'd think it was an easy case. Eduardo Lopez-Velasquez gets deported in 1994 at a group proceeding in which he wasn't advised of...
Monday, December 06, 2010

Goldberg v. Pacific Indemnity Co. (9th Cir. - Dec. 6, 2010)

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I'm writing my Civil Procedure exam today.  Or at least I'm supposed to be writing it.  It was due on Friday.  Instead, I'm read...

Tijani v. Holder (9th Cir. - Dec. 6, 2010)

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Here's a neat little puzzle. It's a three-judge panel, and all of its members are Ninth Circuit judges.  An opinion gets written, ...

U.S. v. Bush (9th Cir. - Dec. 3, 2010)

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It was true in the twentieth century.  It's true in the twenty-first.  Barring an economic castastophe, it's always going to be tru...
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