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, October 21, 2020

People v. Wilson (Cal. Ct. App. - Oct. 21, 2020)

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Don't send kiddie porn over gmail.  Google looks for it . It's a fairly chilling case from San Diego about how various women get ...

Guerrero v. Hestin (Cal. Ct. App. - Oct. 21, 2020)

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"In 2014, a single Riverside County Superior Court judge signed 602 orders authorizing wiretaps. To put that in perspective, all other ...
Tuesday, October 20, 2020

Ortega-Lopez v. Barr (9th Cir. - Oct. 20, 2020)

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What a difference the panel makes. Agustin Ortega-Lynch gets caught helping to organize a cockfight, and the United States wants to deport h...
Monday, October 19, 2020

People v. Hendrix (Cal. Ct. App. - Oct. 19, 2020)

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In one way, it's a routine offense :  burglary.  But in many ways, it's a strange couple of crimes.  There's clearly something a...
Friday, October 16, 2020

People v. Villa (Cal. Ct. App. - Oct. 16, 2020)

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Defendant Villa is 28 and his girlfriend (and the mother of his child) is 18. "While driving with his girlfriend, Jane Doe, and their i...
Wednesday, October 14, 2020

People v. Zorich (Cal. Ct. App. - Oct. 13, 2020)

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David Zorich is eligible for potential resentencing if the vehicle he stole in 1997 was worth $525 or less.  That vehicle was (accordingly t...
Monday, October 12, 2020

People v. Barber (Cal. Ct. App. - Oct. 9, 2020)

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When I read opinions, I sometime think:  "There but for the grace of God go I."  Or at least I try  to think that.  Whether as a v...
Thursday, October 08, 2020

Robin v. Crowell (Cal. Ct. App. - Oct. 8, 2020)

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I wasn't overly interested in this opinion for the underlying legal doctrine, which involves the relevant limitations period for judici...
Wednesday, October 07, 2020

In re Butler (Cal. Ct. App. - Oct. 7, 2020)

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We rightly get irate at countries in which people are sometimes held without trial for years.  That's not right.  It's not due proce...
Tuesday, October 06, 2020

Doe v. Yim (Cal. Ct. App. - Oct. 6, 2020)

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The relevant ethical rule says that a lawyer who's likely to be a witness can't represent a client "at trial."  But the Co...
Monday, October 05, 2020

Fipke v. California Horse Racing Board (Cal. Ct. App. - Oct. 5, 2020)

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I can't say that I knew much about how jockeys get selected and paid in horses races before today.  But as a result of this opinion , I ...
Friday, October 02, 2020

People v. Am. Surety Co. (Cal. Ct. App. - Oct. 1, 2020)

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Here's some evidence that the law has gotten marginally more rational over the last hundred years. Bail is set for a particular crimina...
Wednesday, September 30, 2020

U.S. v. Malik (9th Cir. - July 6, 2020)

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This is a slightly older case that I read a little while back, but it came into my head as a result of a particular conversation I had earli...
Tuesday, September 29, 2020

Butler America LLC v. Aviation Assurance Co. (Cal. Ct. App. - Sept. 29, 2020)

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Justice Gilbert starts this opinion by saying:  "Alter egos of a judgment debtor appeal an order amending the judgment to add them as ...
Monday, September 28, 2020

Ford v. Peery (9th Cir. - Sept. 28, 2020)

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"During closing argument, at the end of his rebuttal, the prosecutor told the jury that the presumption of innocence no longer applied....
Friday, September 25, 2020

Tam v. City of Los Banos (9th Cir. - Sept. 25, 2020)

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Chief Judge Thomas and Judge Friedland think that the jury properly found the police officer liable.  Judge Bennett disagrees.  Here are the...

Pacific Choice Seafood Co. v. Ross (9th Cir. - Sept. 25, 2020)

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Another routine Magnuson-Stevens Fishery Conservation and Management Act case involving a Pacific non-whiting groundfish fishery.  You see t...
Thursday, September 24, 2020

Torres v. Barr (9th Cir. - Sept. 24, 2020)

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This one is not entirely unexpected . A Ninth Circuit panel unanimously decided around a year ago that Catherine Torres (and people like he...
Wednesday, September 23, 2020

Chapin v. State Personnel Board (Cal. Ct. App. - Sept. 23, 2020)

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Cheating on a firefighter promotion exam :  unusual.  (I would hope, anyway). Finding out about this cheating only after the battalion chief...
Tuesday, September 22, 2020

People v. Redus (Cal. Ct. App. - Sept. 22, 2020)

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It's always a no-win situation if you're a justice on the Court of Appeal and you've got to decide a case like this one .  It in...
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