California Appellate Report

You can drink beer, or vodka, or both, and buy a gun.  Heck, you can even drink a beer, have a shot (or two), and directly walk on over and ...

When I read Judge Clifton's opinion this morning , my most prominent thought was:  "Well, of course the Ninth Circuit's right h...

I really liked how Justice Ikola began this opinion .  It reads: "Mother’s petition for writ of mandate arises from an order terminat...

Thomas Spiller wins this appeal .  The California Court of Appeal understandably concludes that his subsequent  conviction for attempted mur...

I like a ton of things about Hawaii.  But here's a case that I'm more than glad to get rid of. The Ninth Circuit feels the same wa...

"In July 2011, AT&T decided to begin reducing the speed at which unlimited data plan users receive data on their smartphones. Under...

Here's a neat little trademark case from earlier today . Michael Hallett lives in Washington state, buys a ton  of products from Trade...

I think this line from today's opinion by Judge Kleinfeld is even funnier when read in isolation. He's describing the "norma...

Now that many (if not most) trial courts no longer provide a court reporter, it's gotten tougher to prepare and transmit the record to t...

The question is whether cockfighting is categorically a crime of moral turpitude such that it gets you deported and ineligible for relief. ...

"This case involves a razor-blade-shank attack by 'Southside' gang members on a Los Angeles County jail inmate who refused to s...

Can you sometimes attribute changes in the composition of a particular judicial tribunal with the difference between life and death of a giv...

Ah, the problems of bringing an NHL franchise to Nashville, Tennessee.  Particularly when your major investor is allegedly a fraudster.  Pro...

Jesse Wagner files a motion for relief under Penal Code 1473.6, but the trial court denies it on the ground that it had no jurisdiction to c...

Judge Milan Smith authors a smart opinion today about when (if ever) you have to remand a putative class action case that was removed under...

When this is the fact pattern in your civil case , you don't come off as an overly sympathetic person, in my view. Michelle Nichols le...

Congress has precluded the federal government from spending money to prosecute individuals on federal drug charges when the conduct of the d...

If you break into a storage unit (e.g., one at Public Storage), that's felony burglary.  You can't later ask to reduce it to misdeme...

There's some sense from today's opinion that the California Supreme Court's approach to death penalty cases may be slowly shif...

Defendant is representing himself (with the court's permission) for a while, but then the trial court relieves him and appoints counsel,...