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.

Thursday, December 28, 2023

Rodriguez v. Garland (9th Cir. - Dec. 28, 2023)

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This opinion isn't at all about delay. But the factual background of the case struck me as similar to what you typically see in death pe...
Wednesday, December 27, 2023

U.S. v. Galecki (9th Cir. - Dec. 26, 2023)

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You've probably read about "spice" in news reports, or (perhaps) seen it in head shops. (Have I just dated myself by saying ...
Friday, December 22, 2023

People v. Ramirez (Cal. Ct. App. - Dec. 22, 2023)

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Before today, the police were generally only authorized to do those things that were actually spelled out in the court's warrant. So if ...
Thursday, December 21, 2023

Elden v. Nirvana LLC (9th Cir. - Dec. 21, 2023)

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Spencer Elden gets photographed as a four-month old baby as he's swimming naked in a pool. Nirvana uses that photo in its iconic album c...
Tuesday, December 19, 2023

Miller v. PG&E (Cal. Ct. App. - Dec. 19, 2023)

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I'm seriously thinking that Justice Petrou might have a future career as a short story author. Check out the third paragraph of today...

People v. Diaz (Cal. Ct. App. - Dec. 18, 2023)

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Justice Wiley authors a lengthy opinion (for him) that discusses and applies 22 pages of legal doctrine. But I can summarize the key practi...
Monday, December 18, 2023

People v. Rojas (Cal. Supreme Ct. - Dec. 18, 2023)

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To be honest, when I first read the question presented, I thought I was going to come out the other way in this one. Proposition 21, adopted...
Thursday, December 14, 2023

People v. Lagunas (Cal. Ct. App. - Dec. 12, 2023)

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Defendant is driving drunk, fails to negotiate a turn, and runs over and kills a six-year old girl. Pretty egregious. He's charged with ...
Tuesday, December 12, 2023

Stanard v. Dy (9th Cir. - Dec. 12, 2023)

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It's slim pickings in the California appellate judiciary lately, with a single opinion in the last several days from the Court of Appeal...
Thursday, December 07, 2023

People v. Ehmer (9th Cir. - Dec. 7, 2023)

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Would you like to spend your entire afternoon reading a book-length opinion about a particular criminal prosecution? If so, well, you're...
Tuesday, December 05, 2023

People ex rel Schlesinger v. Sachs (Cal. Ct. App. - Dec. 4, 2023)

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When I first read this opinion , I thought: "Duh. That's so obviously right." Which is a testament to how articulate Justice S...
Monday, December 04, 2023

Gutierrez v. Todasto (Cal. Ct. App. - Dec. 1, 2023)

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You're driving along the I-5 (or whatever) and all of the sudden an ambulance negligently sideswipes your vehicle. How long do you have ...
Wednesday, November 29, 2023

Rattary v. Favro (Cal. Ct. App. - Nov. 29, 2023)

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I actually think that the core problem here (if any) were the jury instructions, not the counsel's closing argument. If the instruction...
Monday, November 27, 2023

In re Banks (Cal. Ct. App. - Nov. 27, 2023)

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There's a lot to be said for this opinion. But, to be honest, there's probably a lot to be said for the other side as well. It'...
Wednesday, November 22, 2023

Z.V. v. Cheryl W. (Cal. Ct. App. - Nov. 22, 2023)

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I procrastinate as much as anyone. Nonetheless, a notice of appeal is super easy to prepare and file. I don't understand why people wait...
Tuesday, November 21, 2023

People v. Banks (Cal. Ct. App. - Nov. 20, 2023)

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"Doe was born in 2003. She lived with her mother in Oakland. Doe’s mother was abusive toward her and when Doe was 10 years old, her mot...
Friday, November 17, 2023

Tak Chun Gaming Promotion Co. v. Long (Cal. Ct. App. - Nov. 17, 2023)

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The Court of Appeal makes only one edit to this published opinion , and it softens it. A tiny bit. "It is ordered that the opinion file...
Thursday, November 16, 2023

Escamilla v. Vannucci (Cal. Ct. App. - Nov. 16, 2023)

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My general rule is this: Don't sue lawyers for malicious prosecution. Pretty much ever. You're much more likely to get SLAPPed than ...
Wednesday, November 15, 2023

People v. Villegas (Cal. Ct. App. - Nov. 15, 2023)

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Imagine making the following call to your client after today's opinion by the Court of Appeal : "Good news! We won part of our appe...
Tuesday, November 14, 2023

Nicoletti v. Kest (Cal. Ct. App. - Nov. 14, 2023)

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When it rains in Los Angeles, there are sometimes (often?) places in which there's a visible current of water. Maybe on the street, mayb...
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