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, November 30, 2011

Carlos Lezama-Garcia v. Holder (9th Cir. - Nov. 5, 2011)

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Petitioner is from Nicaragua.  He's been in the United States since 1993.  He has no criminal history.  So under the Nicaraguan Adjustme...
Tuesday, November 29, 2011

Lang v. Roche (Cal. Ct. App. - Nov. 29, 2011)

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What's another way the judicial process can become a mess?  When neighbors repeatedly sue each other, abuse the legal system to advance ...

Yavapai-Apache Nation v. IIpay Nation (Cal. Ct. App. - Nov. 29, 2011)

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Rarely do two sovereign nations sue each other in state court.  And when they do, it's a mess .
Monday, November 28, 2011

People v. Engstrom (Cal. Ct. App. - Nov. 28, 2011)

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Doing a little math doesn't constitute jury misconduct .

People v. Dement (Cal. Supreme Ct. - Nov. 28, 2011)

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The opinion took a long time to load, comes from the California Supreme Court, and has the word "People" in the caption.  Which su...
Wednesday, November 23, 2011

People v. Crivello (Cal. Ct. App. - Nov. 1, 2011)

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Justice Robie ends this opinion with: "The record before us indicates that this latest effort to commit defendant is the fourth time...
Tuesday, November 22, 2011

Linear Technology Corp. v. Tokyo Electron, Ltd. (Cal. Ct. App. - Nov. 22, 2011)

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Well, geeze.  I just don't know. The Court of Appeal's holding definitely has some appeal .  I unquestionably agree with the first...
Monday, November 21, 2011

Bullis Charter School v. Los Altos School Dist. (Cal. Ct. App. - Nov. 21, 2011)

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The respondents' petition for rehearing cites 39 cases that it didn't cite in its underlying brief.  That's indeed some indicati...

Hopkins & Carley v. Gens (Cal. Ct. App. - Nov. 21, 2011)

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This is why you have to be very, very careful about the clients you elect to represent .  Because sometimes you're judged, among other t...

Reliable Tree Experts v. Baker (Cal. Ct. App. - Nov. 7, 2011)

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Here's an appeal about $6700 in which it couldn't be more clear that the plaintiff is wrong and the appeal accordingly meritless. ...
Friday, November 18, 2011

Salehi v. Surfside III Condominium Owner's Ass'n (Cal. Ct. App. - Nov. 14, 2011)

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This is why you should be very, very careful about filing suit against your homeowner's (or condo-owner's) association.  Even if you...
Thursday, November 17, 2011

Perry v. Brown (Cal. Supreme Ct. - Nov. 17, 2011)

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The California Supreme Court answers the Ninth Circuit's certified question -- fairly rapidly, even -- and holds that initiative propone...

People v. Mendoza (Cal. Supreme Ct. - Nov. 10, 2011)

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Shoot a cop in the face -- for no reason -- and you're going to be sentenced to death.  And the California Supreme Court will unanimousl...
Wednesday, November 16, 2011

People v. Ruffin (Cal. Ct. App. - Nov. 4, 2011)

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Here's one about which you should have an opinion . On the one hand, the Court of Appeal has a darn good point.  It's profoundly ...
Tuesday, November 15, 2011

Ninth Circuit Goes For the Modern Record (9th Cir. - Nov. 11-15, 2011)

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The Ninth Circuit issued no published opinions on Friday, which was not surprising, as it was Veteran's Day.  It then issued no publishe...

People v. Nelson (Cal. Ct. App. - Nov. 14, 2011)

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This is the most important opinion in the history of California appellate jurisprudence . Okay, so I exaggerate.  But I bet you that for t...
Monday, November 14, 2011

Rich v. Thatcher (Cal. Ct. App. - Nov. 14, 2011)

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The California Court of Appeal starts the week by issuing an opinion that really should go up to the California Supreme Court. Sure, maybe...

U.S. v. Ceballos (9th Cir. - Nov. 7, 2011)

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I agree with the panel that there's no appellate jurisdiction over a nonbinding recommendation made by a district court regarding where ...
Friday, November 11, 2011

Lacey v. Maricopa County (9th Cir. - Nov. 10, 2011)

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As I said when the original opinion came out earlier this year , Judge Bybee wrote a pretty darn good (partial) dissent in this one. I was...

Executive Benefits Ins. Agency v. Arkison (9th Cir. - Nov. 4, 2011)

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I love it when the Ninth Circuit invites amicus briefs.  It's awesome. I'm not going to write one in this case .  As I know little...
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