Monday, October 31, 2011

Supremely Unpublished (Cal. Supreme Ct. - Oct. 31, 2011)

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One of the things I like most about the California Supreme Court is that, busy as they are, they're not too busy to occasionally engage ...
Friday, October 28, 2011

People v. Thomas (Cal. Ct. App. - Oct. 28, 2011)

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This makes me really inclined to voluntarily submit to an alcohol screening .  Which the police used here as a pretext to obtain the defenda...
Thursday, October 27, 2011

Miller v. City of Los Angeles (9th Cir. - Oct. 27, 2011)

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I probably come out somewhere between the majority and the dissent here ; perhaps a middle ground.  But if I had to choose, I'd probably...
Wednesday, October 26, 2011

People v. Kingsberry (Cal. Ct. App. - Oct. 26, 2011)

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It looks like this is indeed the rule in California . Though it seems a bit harsh. Albert Kingsberry pleads guilty and is given probation ...
Tuesday, October 25, 2011

Sarei v. Rio Tinto (9th Cir. - Oct. 25, 2011)

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I dare you to read this opinion .  Wait.  I take that back.  I double dare you. It's an important case.  An Alien Tort Statute case a...
Monday, October 24, 2011

Doe v. Busby (9th Cir. - Oct. 24, 2011)

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I can figure out the law.  The opinion makes sense to me .  So that's not the issue. But I have two lingering questions.  None of whic...
Friday, October 21, 2011

People v. Williams (Cal. Ct. App. - Oct. 14, 2011)

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Here's proof that you can write a coherent and comprehensive opinion in less than a half-dozen pages of double-spaced text.
Thursday, October 20, 2011

Myers v. Holder (9th Cir. - Oct. 20, 2011)

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Seems to me like Judge Ikuta has a point here . She dissents from the panel's decision to stay the mandate in an immigration case.  He...

Sukut Construction v. Rimrock CA LLC (Cal. Ct. App. - Sept. 30, 2011)

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A strip mine apparently isn't a mine . This according to an opinion that -- perhaps deliberately -- nowhere uses the term "strip ...
Wednesday, October 19, 2011

U.S. v. Rizk (9th Cir. - Oct. 19, 2011)

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Rizk was an appraiser who helped her co-conspirators defraud lenders out of tens of millions of dollars by giving inflated appraisals for pr...

U.S. v. LaBuff (9th Cir. - Oct. 13, 2011)

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"You're not an enrolled member of an Indian tribe, LaBuff, but you've got enough Indian blood.  So you're going to federal ...
Tuesday, October 18, 2011

Design In Progress

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I'm trying to change the design of this thing (at long last), so it'll look funky for another day or so.  Bear with me. - Shaun

People v. Miranda (Cal. Ct. App. - Oct. 18, 2011)

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"Defendant argues 'the only evidence [about Jane being disabled] was that Jane suffered from cerebral palsy and seizures, that she ...

Smallwood v. Allied Van Lines (9th Cir. - Oct. 18, 2011)

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You're living in San Diego.  You decide to move to the UAE.  Why?  I have no idea.  San Diego is pretty darn nice.  Presumably for the m...
Monday, October 17, 2011

U.S. v. Urena (9th Cir. - Oct. 13, 2011)

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File this under "Things You'd Think We're Obvious And Yet Apparently Need The Ninth Circuit For": "Urena’s being c...

Mattos v. Agarano (9th Cir. - Oct. 17, 2011)

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A story of two tasings .  With starkly different assessements of whether the tasings were permissible.
Friday, October 14, 2011

In Re J.S. (Cal. Ct. App. - Oct. 14, 2011)

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"The teenage minor was placed in protective custody in July 2010, following mother’s arrest on charges of physical abuse of a minor. Fa...

U.S. v. Carper (9th Cir. - Oct. 14, 2011)

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PVS-14's are night-vision devices that you can buy on ebay, amazon, and a ton of brick-and-mortor stores.  Here's a sample. So the...
Thursday, October 13, 2011

U.S. v. Reyes (9th Cir. - Oct. 13, 2011)

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Yes, Gregory Reyes.  You're the rich former CEO of Brocade.  You hired Seth Waxman to appeal your federal conviction for options backdat...

U.S. v. McEnry (9th Cir. - Oct. 13, 2011)

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This seems right .  Which is not easy.  Since it's a pickle of a problem. The question is what the most analogous guideline is to a cr...