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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.
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In Re S.C. (Cal. Ct. App. - Dec. 8, 2009)

Dec 8, 2009
Only two published opinions today, both by the California Court of Appeal. So a slow judicial news day. I thought that I was going to violently disagree with this one. (Okay, so not truly "violently," but you know what I mean.) But in the end, I...

In Re Marriage of Kacik (Cal. Ct. App. - Nov. 19, 2009)

Dec 8, 2009
You can't argue that Justice Sills isn't direct. He is. You know what he's saying, and he'll say it directly. Some justices on the Court of Appeal, for example, "urge" the Legislature to "consider" various issues. But here's how Justice Sills does...

People v. Ervine (Cal. Supreme Ct. - Dec. 7, 2009)

Dec 7, 2009
It's always fascinating to see who gets to live and who's ordered killed. Those of us in California get to read every one of the latter cases (at least state-sponsored ones) due to automatic review in the California Supreme Court. Here, Dennis Ervine...

Lemoge v. United States (9th Cir. - Dec. 7, 2009)

Dec 7, 2009
I'm not an invariable hard-a**. But I wonder if the Ninth Circuit isn't being a little soft here. I agree with everything the panel says in Section A. Judge Burns (down here in San Diego) should clearly have discussed all four factors -- not just...

Gomez v. Superior Court (Cal. Ct. App. - Nov. 20, 2009)

Dec 4, 2009
It's not that I disagree with anything that Justice Scotland says in the first paragraph of this opinion. Which reads: "State prison inmates are a litigious bunch when it comes to filing writ petitions challenging conditions of confinement or raising...


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