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.

Friday, September 30, 2016

People v. Bell (Cal. Ct. App. - Sept. 29, 2016)

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Michael Bell committed a horrible crime.  Which the Court of Appeal describes in chilling detail. He was nine days short of his 15th birth...

Cameranesi v. US DOD (9th Cir. - Sept. 30, 2016)

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Panel draws matter. The issue here is whether the public should be permitted under FOIA to view the names of students at the School of the...
Thursday, September 29, 2016

Coe v. City of San Diego (Cal. Ct. App. - Sept. 28, 2016)

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R.I.P. Cheetah's San Diego. Personally, I'm not into strip clubs.  For the obvious, traditional reasons and more.  As for the rule...

M.C. v. Superior Court (Cal. Ct. App. - Sept. 29, 2016)

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From today's opinion : "The Del Norte County Department of Health and Human Services (Department) received a referral from law en...
Wednesday, September 28, 2016

People v. Windfield (Cal. Ct. App. - Sept. 28, 2016)

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X goes to a gang party in Rialto.  Some members of the gang see X at the party and threaten him with guns and sucker punch him.  The person ...
Tuesday, September 27, 2016

People v. Davis (Cal. Ct. App. - Sept. 27, 2016)

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As I started to read this opinion earlier today , I found myself wondering why the authorities bothered to prosecute a guy for diverting the...
Monday, September 26, 2016

U.S. v. Martinez-Lopez (9th Cir. - Sept. 26, 2016)

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Sometimes it's hard to figure out what's going on inside the Ninth Circuit. Today the Ninth Circuit takes this case en banc .  But...

De Fontbrune v. Wofsy (9th Cir. - Sept. 26, 2016)

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Did you wake up this morning and say:  "You know what?  I think I want to finally understand the French concept of astreinte.  I especi...
Friday, September 23, 2016

In Re Sunnyslope Housing Ltd. Partnership (9th Cir. - Sept. 22, 2016)

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I can often accurately predict which Ninth Circuit cases are likely to be taken en banc . But I will forthrightly concede that I was total...
Thursday, September 22, 2016

City of San Diego v. San Diegans for Open Government (Cal. Ct. App. - Sept. 22, 2016)

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San Diego attorney Cory Briggs loses a quarter million dollars in attorney's fees today because he elected to file an answer on behalf ...
Wednesday, September 21, 2016

In Re J.E. (Cal. Ct. App. - Sept. 21, 2016)

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I talked early today about the typically depressing black cloud of human imperfection that I typically read in the pages of the California A...

In Re: J.G. (Cal. Ct. App. - Sept. 20, 2016)

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The typical day has me read a half dozen or so published opinions, every one of which contains depressing facts about the most marginalized ...
Tuesday, September 20, 2016

Estate of Barton v. ADT Security Services Pension Plan (9th Cir. - Sept. 20, 2016)

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Most work product that you see when you teach at a law school is reasonably good.  Your students have graduated college; they've general...
Monday, September 19, 2016

People v. White (Cal. Ct. App. - Sept. 19, 2016)

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Today's opinion is another in a long series of SVP cases.  You get used to reading these things pretty much every week or so.  So maybe ...

Rothstein v. Superior Court (Cal. Ct. App. - Sept. 16, 2016)

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Justice Baker explains the relevant issue in the opening paragraph of this opinion : "While a husband and wife were litigating their ...
Friday, September 16, 2016

A.K.H. v. City of Tustin (9th Cir. - Sept. 17, 2016)

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I'm a little confused about this one. The question is whether a police officer used excessive force (and/or is entitled to qualified i...
Thursday, September 15, 2016

Freitas v. Shiomoto (Cal. Ct. App. - Sept. 14, 2016)

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Impressive.  Or pathetic.  Depending on your take. Joseph Freitas is drunk as a skunk.  Allegedly.  And driving.  He's weaving through...
Wednesday, September 14, 2016

People v. Cortez (Cal. Ct. App. - Sept. 14, 2016)

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"When a court recalls a felony sentence and imposes a misdemeanor sentence pursuant to Penal Code section 1170.18, subdivision (a) (Pro...

Godoy v. Spearman (9th Cir. - Aug. 25, 2016)

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Judge O'Scannlain authors the majority opinion , which Judge Bybee joins.  Judge Fisher dissents, the opening paragraph of which reads: ...
Tuesday, September 13, 2016

Phillips v. Campbell (Cal. Ct. App. - Aug. 23, 2016)

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If it looks like a duck and quacks like a duck, it's a duck. Even if the parties may think (or may even say) they're not in a dati...
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