Tuesday, May 31, 2016

Seibert v. City of San Jose (Cal. Ct. App. - May 31, 2016)

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Read this opinion and see what you think . Personally, I have a plethora of different emotions about it.  All of which conflict. On the ...

Morales De Soto v. Lynch (9th Cir. - May 31, 2016)

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"The Obama administration may well have changed its discretionary policies and decided not to deport unauthorized aliens who are living...
Friday, May 27, 2016

Williams v. Johnson (9th Cir. - May 27, 2016)

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The Ninth Circuit unanimously grants habeas relief because the state court erroneously discharged a juror. The Supreme Court reverses and...
Thursday, May 26, 2016

People v. Dokins (Cal. Ct. App. - Oct. 30, 2015)

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A fifteen-year old gang member shoots and kills a fourteen-month old baby in a "drive-by" shooting in which the defendant was ridi...
Tuesday, May 24, 2016

Sialoi v. City of San Diego (9th Cir. - May 24, 2016)

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I'm not sure why the City of San Diego filed an appeal in this one . Here's how the Ninth Circuit describes the case:  "In Oc...

People v. Espino (Cal. Ct. App. - May 24, 2016)

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Police conduct a pat-down search of Freddy Espino.  They feel something in his pocket.  They think it might be crack cocaine. Turns out it...
Monday, May 23, 2016

In Re Ivan N. (Cal. Ct. App. - May 20, 2016)

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This is, inter alia, why I don't want to do dependency law .  As well as why I profoundly respect the people who do: "When the mi...
Thursday, May 19, 2016

Center for Biological Diversity v. Cadiz (Cal. Ct. App. - May 19, 2016)

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From today's opinion : "It is ordered that the opinion filed herein on May 10, 2016, be modified as follows: On page 2, in the th...

Roe v. Superior Court (Cal. Ct. App. - Dec. 18, 2015)

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I teach my first-year law students every year that you're only allowed to conduct a physical or mental examination of a party.  That...
Wednesday, May 18, 2016

U.S. v. Tadios (9th Cir. - May 18, 2016)

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Why is this case ostensibly so easy ? Judge McKeown writes a published opinion that disposes of the appeal in four pages.  Ms. Todios was ...
Tuesday, May 17, 2016

In Re Conservatorship of Bower (Cal. Ct. App. - May 16, 2016)

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You read about all sorts of depressing things when you look at the Ninth Circuit and California Court of Appeal opinions.  Murders.  Rapes. ...
Monday, May 16, 2016

People v. Herrera (Cal. Ct. App. - May 16, 2016)

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Whoa.   See what you think about this one . The popular media might describe the case in a plethora of different ways.  Maybe they'd c...
Friday, May 13, 2016

Lopez v. Sony Electronics (Cal. Ct. App. - May 13, 2016)

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Justice Grimes writes an opinion today that's crystal clear as to its holding.  The introduction to the opinion is as informative as it...
Thursday, May 12, 2016

In Re Rafael C. (Cal. Ct. App. - April 21, 2016)

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The Court of Appeal could have been satisfied with just saying that the petition for rehearing has been denied.   Instead, it says : The p...
Wednesday, May 11, 2016

Stetson v. Grissom (9th Cir. - May 11, 2016)

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The Ninth Circuit today assigns the case to a different judge on remand , in part because the case has been before the Ninth Circuit three t...
Tuesday, May 10, 2016

Center for Biological Diversity v. Cadiz (Cal. Ct. App. - May 10, 2016)

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How do you save water in the Mojave Desert?  Answer:  You pump more of it from the ground and send it to thirsty consumers in Los Angeles an...
Monday, May 09, 2016

People v. Wade (Cal. Supreme Ct. - May 9, 2016)

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Last year, I said :  " The California Supreme Court should grant review of this opinion.   I'm not saying that because I believe Ju...

People v. Landau (Cal. Ct. App. - April 20, 2016)

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There's a lot in this lengthy opinion about Confrontation Clause issues, the SVP statute, and a wide variety of other interesting thing...
Friday, May 06, 2016

Rishor v. Furguson (9th Cir. - May 6, 2016)

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I often like reading the specific  Faretta  admonitions that district courts give to criminal defendants who ask to represent themselves at ...

U.S. v. Lee (9th Cir. - May 6, 2016)

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Judge Ikuta has a message for her colleagues on the Ninth Circuit.   She writes, in dissent : "The Ninth Circuit has a knack for disr...