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Federal Judiciary

California Appellate Report

Commentary on recent Ninth Circuit.
By Shaun Martin

Post Frequency: 4.3/day

Last Entry: November 04, 2020 at 16:52:00

In Re Jaheim B. (Cal. Ct. App. - Jan. 7, 2009)

Posted on January 07, 2009
Some family law cases are tough. Others, not so much.In some ways, I appreciate the mother's honesty here. The father's in prison in Alabama and not scheduled for release until 2028. The state picks up the child when the mother, Bridgette, drops him off (unattended) in a parking lot 100 yards from a relative's house, a witness sees Jaheim running after Bridgette screaming "Mommy, mommy," and Bridgette gets into a car and drives away...

People v. Crabtree (Cal. Ct. App. - Jan. 9, 2008)

Posted on January 07, 2009
Arthur Crabtree's a respectable citizen. He's a lawyer. He's a former police officer. He even serves as a pro tem judge up in Glendale. The kind of guy you want to have on your block, right?Except for the fact that he also stalks and molests children...

In Re Singler (Cal. Ct. App. - Jan. 6, 2009)

Posted on January 06, 2009
"On February 1, 2007, Singler?s petition for writ of habeas corpus was summarily denied by this court. . . . On April 25, 2007, the California Supreme Court granted Singler?s petition for review and transferred the matter to this court, with directions to vacate our denial of the petition and to order the Board to show cause why it ?did not abuse its discretion and violate due process in finding petitioner unsuitable for parole in June 2006, and why petitioner remains a danger to public safety...

Metro Lights v. City of Los Angeles (9th Cir. - Jan. 6, 2009)

Posted on January 06, 2009
Larry! My man! Welcome back!I learned a massive amount from Larry Tribe, my former boss and professor. I can't say enough about him, both professionally as well as personally. I shan't regale you with stories from my youth, but suffice it to say that Professor Tribe is a gem...

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People v. Doolin (Cal. Supreme Ct. - Jan. 5, 2008)

Posted on January 05, 2009
The majority (led by Justice Corrigan) and dissent (authored by Justice Kennard) disagree on whether there's constitutional or prejudicial error. But I should hope that we would all agree that a system (here, the County of Fresno's) that tells a criminal defense lawyer "You'll be paid a flat $80,000 to do a death penalty case, and that rate includes all expenses (e...

In Re Complaint of Judicial Misconduct (9th Cir. - Jan. 3, 2009)

Posted on January 05, 2009
The Ninth Circuit judicial misconduct process under Chief Judge Kozinski is going to be hard core transparent. So, for example, we're going to publish our resolution of even frivolous complaints from crackpots.Plus we'll make it clear that we're not going to listen to you anymore...

The Thermo Company v. Luther (Cal. Ct. App. - Dec. 17, 2008)

Posted on January 02, 2009
I wish I could give you some insight into the exciting opinions published by the Ninth Circuit and California appellate courts during 2009. But no such luck. None yet.Nonetheless, that doesn't stop us from learing. For example, many people think there are too many "fundamental rights," including those allegedly invented by the judiciary...

Belmontes v. Ayers (9th Cir. - Dec. 30, 2008)

Posted on December 31, 2008
You should read this one if only to read the concurrence of Judge Reinhardt (joined by Judge Paez) from the denial of the petition for rehearing en banc. Basically, Judge Callahan dissents from the denial in this death penalty case, and begins her dissent by noting that the underlying opinion was the third time the panel in the case had reversed the death sentence...

People v. Bradford (Cal. Ct. App. - Dec. 29, 2008)

Posted on December 31, 2008
People admittedly watch a lot of television. Including -- and increasingly -- cop shows. So there's no doubt that many suspects already know their Miranda rights if only as a cultural reference point.Nonetheless, Miranda warnings are not designed to be a game show...

People v. Olguin (Cal. Supreme Ct. - Dec. 29, 2008)

Posted on December 30, 2008
Anyone get a pet over the holidays? If so, make sure to tell your probation officer. Because the California Supreme Court holds that it's a permissible condition of probation for a DUI offense (!) to impose a continuing obligation to tell your probation officer of any pets you might have...

People v. Roscoe (Cal. Ct. App. - Dec. 26, 2008)

Posted on December 26, 2008
The day after Christmas. A time for family. For shopping. For rest. And for thinking about hopping on that treadmill. Surely not a day for issuing public opinions, right?That's what I would have thought, anyway. And, at least with respect to the Ninth Circuit, I was right...

McGuire v. United States (9th Cir. - Dec. 24, 2008)

Posted on December 24, 2008
Show me the money.Okay, so that was fairly obvious. Since the plaintiff's name is Jerry McGuire. Since he filed for bankruptcy (so he clearly needs the money). And since he's suing the government -- initially successfully -- for over a million dollars in damages in a regulatory takings action...

In Re H.E. (Cal. Ct. App. - Dec. 23, 2008)

Posted on December 24, 2008
In the spirit of the holidays, be thankful that the mother of your children is not like the mother here.I only know what I read, of course. But I get far from a positive vibe about her. Far.

Salazar-Luviano v. Mukasey (9th Cir. - Dec. 23, 2008)

Posted on December 23, 2008
Let's read the first paragraph in the fact section of the opinion and see where we think this one is going. You can basically tell not only what the case is probably about, but also where the panel is likely headed. Here goes:"Salazar-Luviano is a fifty-five-year-old citizen of Mexico, originally admitted to the United States as a lawful permanent resident in 1976...

Patel v. Liebermensch (Cal. Supreme Ct. - Dec. 22, 2008)

Posted on December 22, 2008
Back in August 2007, the Court of Appeal down here in San Diego issued an opinion in a fact-specific contract case written by Justice Huffman over the very strong dissent of Justice McIntyre. The question was basically whether this particular contract was specific enough to enforce, with the majority thinking it wasn't and the dissent thinking it was...

Carver v. Lehman (9th Cir. - Dec. 22, 2008)

Posted on December 22, 2008
Yes, I know that it's the holiday season. So, yes, you're busy. We all are. Nonetheless, a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3D39F93232EB855088257527005E9B89/$file/0635176.pdf?openelement"you've got to read this one/a. It's an instant classic...

In Re R.C. (Cal. Ct. App. - Dec. 19, 2008)

Posted on December 19, 2008
Sometimes parental termination cases are difficult to even read (at least for me), as you're left with the firm -- and utterly depressing -- conclusion that none of the participants even have a whiff of a shot , and that the child both never had and currently has almost no shot whatsoever at a reasonable existence...

Van Horn v. Watson (Cal. Supreme Ct. - Dec. 18, 2008)

Posted on December 18, 2008
See someone stuck in a car crash and worried that the car might catch fire or explode? Don't pull 'em out. Or at least don't pull 'em out if you don't want to potentially get sued. a href="http://www.courtinfo.ca.gov/opinions/documents/S152360.PDF" 'Cause you can be...

People v. Mentch (Cal. Supreme Ct. - Dec. 17, 2008)

Posted on December 18, 2008
This may be surprising for those who know me as a relentless cynic, but I'm affirmatively proud -- yes, proud -- that I reside in California. There's a part of me that identifies with this Great State. I like it. I want to make it better. And I'm happy, and proud, when it does something good...

People v. Yarbrough (Cal. Ct. App. - Dec. 17, 2008)

Posted on December 17, 2008
Sorry, my gun-loving friends. There's no right to carry a emconcealed/em weapon under uHeller/u. a href="http://www.courtinfo.ca.gov/opinions/documents/A120721.PDF"At least in California/a.br /br /This is not a surprise for anyone familiar with the Supreme Court's holding...

Aguilera-Montero v. Mukasey (9th Cir. - Dec. 1, 2008)

Posted on December 17, 2008
You've been granted a full and unconditional pardon for your possession offense. a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2B07258E313A0A43882575120052F63E/$file/0672956.pdf?openelement"But we're still going to deport you based upon that conviction...

Lewis v. Superior Court (Cal. Ct. App. - Dec. 15, 2008)

Posted on December 16, 2008
Let me get this straight. A dude with the last name of "Lewis" is convicted of oral copulation with a minor under the age of 18. What's his first name?Philander.You can't make this stuff up. And I didn't.

Sarei v. Rio Tinto PLC (9th Cir. - Dec. 16, 2008)

Posted on December 16, 2008
Want to see how fractured an en banc opinion can be? Take a look.It's a 3-2-2(minus 1)-1-4. What?! You heard me. Three (McKeown, joined by Schroeder and Silverman) write the "plurality" opinion. Two (Bea, joined by Callahan) concur. Four (Reinhardt, joined by Pregerson, Berzon and Rawlinson) dissent...

People v. Martinez (Cal. Ct. App. - Dec. 16, 2008)

Posted on December 16, 2008
I spent a summer after high school living with my then-girlfriend at her parent's house in Canoga Park. It was both fun and memorable, especially for an unworldly kid from Virginia, and especially for one who had never before been to Southern California...

Sklar v. CIR (9th Cir. - Dec. 12, 2008)

Posted on December 15, 2008
There's a difference between Orthodox Jews and Scientologists.Or, to put it even more concretely, there's a difference between paying private school tuition to send your kid to a Hebrew Academy and paying whatever charges adult Scientologists pay for their "training" in Scientology...

Seattle Affilliate v. City of Seattle (9th Cir. - Dec. 12, 2008)

Posted on December 12, 2008
I think that Judge Fisher beats Judge Ikuta in this one.People are entitled to demonstrate under the First Amendment. The City of Seattle lets them, of course, but can (obviously) subject demonstrations to reasonable time, place and manner restrictions...

People v. Rodriguez (Cal. Ct. App. - Nov. 26, 2008)

Posted on December 11, 2008
Perhaps this case struck me harder than usual becuase my wife's a UNC fan (and graduate). Or maybe also because I know that, as a white guy, it wouldn't happen to me.But while stopped at a red light at an intersection in Hayward in September of 2003, Francisco Sanchez -- who had just paid his union dues and wasn't afilliated with a gang in any way -- was murdered in cold blood for no reason other than an idiot Norteno gang member concluded that Sanchez was a member of a rival Sureno gang because he was wearing a blue UNC baseball cap...

In Re Complaint of Judicial Misconduct (9th Cir. - Dec. 10, 2008)

Posted on December 10, 2008
There's more than one way to get your name in the Federal Reporter. For example, you can be an attorney and file a frivolous complaint of judicial misconduct. To which the Ninth Circuit will respond by (1) expressly admonishing you in a public forum, and (2) entering a prefiling order against you...

Davies v. Sallie Mae (Cal. Ct. App. - Dec. 1, 2008)

Posted on December 10, 2008
If I was a law school graduate (which I am), and if I had gotten seven straight years of economic hardship deferments while I was working as an attorney (which I didn't), I wouldn't have filed a lawsuit against Sallie Mae when it boldly demanded that I actually start paying my loans...

Societe Civil Succession Richard Guino v. Renoir (9th Cir. - Dec. 9, 2008)

Posted on December 09, 2008
Copyrights are not perpetual. So it's pretty darn rare, in this day and age, to see a copyright claim involving a series of sculptures created by Pierre-Auguste Renoir. Yes, that Renoir -- the French impressionist who made, inter alia, several $70 million-plus artworks...

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