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, May 31, 2017

U.S. v. Sanchez-Gomez (9th Cir. - May 31, 2017)

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By a single vote, the en banc panel holds unconstitutional the Southern District of California's routine practice of shackling every s...
Tuesday, May 30, 2017

Ledezma-Cosino v. Sessions (9th Cir. - May 30, 2017)

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Today's en banc  opinion is worth reading in its entirety.  It's about whether it's permissible for Congress to distinguish bet...
Friday, May 26, 2017

Miller v. Ford Motor Co. (9th Cir. - May 26, 2017)

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This is one of those cases in which I'm not entirely sure why the panel decides to certify the state law question to the state supreme ...
Wednesday, May 24, 2017

EEOC v. McLane Company (9th Cir. - May 24, 2017)

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The EEOC wants contact information from the defendant about those female employees the company required to take a strength test (their names...
Tuesday, May 23, 2017

In Re Marriage of Janes (Cal. Ct. App. - May 23, 2017)

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I think this is a darn good -- and equitable -- opinion by Justice Miller .  The separation agreement was signed in 2010 that says that Wife...
Monday, May 22, 2017

U.S. v. Loucious (9th Cir. - Feb. 7, 2017)

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Here's another example of that "liberal" Ninth Circuit. The district court suppresses a defendant's statements because i...
Friday, May 19, 2017

Olivas v. State of Nevada (9th Cir. - May 19, 2017)

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There shouldn't be any surprise that today's opinion by the Ninth Circuit is so short.  Or that it did not require oral argument.  ...

Kinney v. Clark (Cal. Ct. App. - May 17, 2017)

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Back in 2011, I wrote this , in which I simultaneously expressed my appreciation for the merits of the Court of Appeal's opinion as well...
Thursday, May 18, 2017

People v. Cervantes (Cal. Ct. App. - May 18, 2017)

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"Defendant] was caught transporting (among other drugs) more than 3,600 doses of methamphetamine with a street value between $111,000 a...

Gillotti v. Stewart (Cal. Ct. App. - May 18, 2017)

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The Court of Appeal publishes this opinion today, which begins by saying: "In this construction defect lawsuit by a homeowner, the j...
Wednesday, May 17, 2017

Davies v. Benov (9th Cir. - May 17, 2017)

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The Ninth Circuit says today : "We've got some good news, and we've got some bad news.  Bad news first.  You filed a habeas p...
Tuesday, May 16, 2017

People v. Hudson (Cal. Ct. App. - May 16, 2017)

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When I think of a carjacking, I think of someone putting a gun to someone's head, or throwing them out of the car, or doing stuff like t...

People v. Edwards (Cal. Ct. App. - May 16, 2017)

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Oh my . "At midday on May 7, 2012, defendant attacked Shannon Collins, a woman whom he did not know, as she was walking on Broadway i...
Monday, May 15, 2017

U.S. v. Olson (9th Cir. - May 15, 2017)

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Judge Fisher, joined by Judge Paez, wants to -- and does -- decide both the particular case at hand as well as the underlying legal issue. ...
Friday, May 12, 2017

In Re A.V. (Cal. Ct. App. - May 12, 2017)

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Opinions from the Court of Appeal sometimes give you a glimpse into the lives of the relevant individuals at issue.  Including types of live...
Thursday, May 11, 2017

U.S. v. Brugnara (9th Cir. - May 11, 2017)

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Mail fraud and wire fraud are bad enough.  But then, while you're defending yourself, to add escape and multiple contempt citations to y...
Wednesday, May 10, 2017

O'Neil-Rosales v. Citibank (Cal. Ct. App. - May 10, 2017)

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No Ninth Circuit opinions today, and only one Court of Appeal opinion . Fortunately, you can get the gist of today's opinion merely by...
Tuesday, May 09, 2017

In Re Ford Motor Warranty Cases (Cal. Ct. App. - May 8, 2017)

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I get it.  If you coordinate a certain series of cases, then add-on cases based on the same basic facts generally need to be coordinated as ...
Monday, May 08, 2017

Cameranesi v. Department of Defense (9th Cir. - May 8, 2017)

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From today's order : "Judge Watford voted to grant the petition for rehearing en banc. The petition for rehearing en banc was ci...
Thursday, May 04, 2017

Clary v. City of Crescent City (Cal. Ct. App. - May 1, 2017)

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John Diehl lives in Washington State but owns eight vacant lots in Crescent City.  He doesn't much take care of them, and in a lengthy  ...
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