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.

Monday, January 30, 2023

Travis v. Brand (Cal. Supreme Ct. - Jan. 30, 2022)

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Ordinarily, I could easily see why appellants prosecuted this petition for review in the California Supreme Court. They lost, after all, in ...
Friday, January 27, 2023

People v. Bolanos (Cal. Ct. App. - Jan. 27, 2023)

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Carolos Bolanos did a lot of bad stuff, for which he was (for the most part) validly convicted. So bad that he was sentenced to life in pris...
Wednesday, January 25, 2023

Preciado v. Freightliner Custom Chassis Corp. (Cal. Ct. App. - Jan. 24, 2023)

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Sometimes lawyers win cases because the case is good, even if the lawyer's not. Sometimes lawyers loses cases because the case is bad, e...
Monday, January 23, 2023

People v. Waldon (Cal. Supreme Ct. - Jan. 23, 2023)

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Billy Ray Waldon seems to have committed a wide variety of murders (or at least so the jury found) in San Diego and, perhaps, elsewhere. He...
Friday, January 20, 2023

People v. Morgan (Cal. Ct. App. - Jan. 20, 2023)

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My first reaction to this case was: "Oh my. If you've been previously convicted of involuntary manslaughter for killing a guy -- w...
Wednesday, January 18, 2023

Adanna Car Wash Corp. v. Gomez (Cal. Ct. App. - Jan. 18, 2023)

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Today's Court of Appeal opinion doesn't involve anything that's earth-shattering or critically important to society as a whole,...
Thursday, January 12, 2023

People v. Superior Court (Cortez) (Cal Ct. App. - Jan. 12, 2023)

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If you're in jail, and I'm your attorney, please do not send things to me in envelope marked "Legal Mail" if they have pre...
Wednesday, January 11, 2023

U.S. v. Munoz (9th Cir. - Jan. 11, 2023)

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I'm admittedly unsophisticated when it comes to the criminal possession of handguns by felons. But if you're carrying three handguns...
Monday, January 09, 2023

People v. Cheek (Cal. Ct. App. - Jan. 6, 2023)

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A sex offender is about to be released from prison. They're proposing to let him live someplace near you. You and your neighbors -- perh...
Wednesday, January 04, 2023

U.S. v. Knight (9th Cir. - Jan. 4, 2023)

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The holding of today's Ninth Circuit opinion seems right to me , but I might have expressed the same view in a slightly softer tone. A j...
Tuesday, January 03, 2023

Griego v. City of Barstow (Cal. Ct. App. - Jan. 3, 2023)

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It's a new year, but 2023 does not begin with good news for Jesse Griego, who was a captain in the Barstow Fire Protection District unti...
Wednesday, December 28, 2022

Wehsener v. Jernigan (Cal. Ct. App. - Dec. 28, 2022)

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You don't see many intestate succession disputes in the Court of Appeal. And in reading the facts of this one, it definitely harkens bac...
Wednesday, December 21, 2022

Bishop v. The Bishop's School (Cal. Ct. App. - Dec. 21, 2022)

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As a rule, I don't write about appellate cases in which I have some involvement, on the theory that I'm not neutral, and it doesn...
Monday, December 19, 2022

In re Geoffrey S. (Cal. Ct. App. - Dec. 19, 2022)

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It's an important issue, and today's split decision by the Court of Appeal cogently identifies the competing positions. Justice Buc...
Tuesday, December 13, 2022

CFPB v. Aria (9th Cir. - Dec. 12, 2022)

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The factual recitation in Judge Tallman's opinion speaks for itself: "[Armond] Aria was the founder, owner, CEO, and registered ag...
Monday, December 12, 2022

In re D.N. (Cal. Supreme Court - Dec. 12, 2022)

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It's not that I disagree with today's opinion from the California Supreme Court . I don't. Which is good, since it's unanimo...
Friday, December 09, 2022

Diaz-Rodriguez v. Garland (9th Cir. - Dec. 8, 2022)

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We're in the middle of exam season here at the law school, so I read this Ninth Circuit opinion, I thought it'd be a great basis for...
Thursday, December 08, 2022

People v. Carabajal (Cal. Ct. App. - Dec. 7, 2022)

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The Court of Appeal holds that it's not a sufficient basis for a new trial, at least given the trial court's evidentiary findings i...
Monday, December 05, 2022

U.S. v. Reiche (9th Cir. - Dec. 5, 2022)

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On first glance, this opinion from earlier today seems totally right. Ellen Reiche wants to take "direct action" to protest the ...
Thursday, December 01, 2022

In re G.Z. (Cal. Ct. App. - Nov. 30, 2022)

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I share what I perceive to be Justice Stratton's unease regarding this case. Yes, the 10-month old infant had some injuries -- current a...
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