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1 Apr 2020, 4:33 pm
In a published opinion filed March 24, 2020, the Fourth District Court of Appeal (Division One) reversed a judgment of dismissal with prejudice, entered by the San Diego County Superior Court after sustaining a demurrer without leave on statute of limitations grounds to a group’s action challenging the CEQA review for Caltrans’ Interstate 5 (I-5)/State Route 56 (SR 56) freeway interchange project (the “Project”). [read post]
17 Jul 2017, 10:45 am
Because of that shortage of evidence, the Fourth District Court of Appeal threw out that first-degree petit theft conviction. [read post]
27 Oct 2015, 1:04 pm
The court did not cite the United States Court of Appeals for the D.C. [read post]
12 Aug 2010, 4:24 am
In a lengthy opinion, the court of appeals held that the district court erred in dismissing the complaints on political question grounds; that all of plaintiffs had standing; that the federal common law of nuisance governs their claims; that plaintiffs had stated claims under the federal common law of nuisance; that their claims were not displaced. [read post]
12 Jan 2010, 10:46 am
The Petitioner's summary of argument from its brief on jurisdiction is below: In Cooper, the Second District Court of Appeal stated: “Because the taped statement is strong evidence of Cooper's guilt, we conclude that the error of allowing the State to present evidence of multiple sexual acts did not affect the verdict and was harmless in this case. [read post]
15 Jun 2009, 1:59 pm
Blue, a sentencing appeal where Blue argued that the District Court should have given her a downward departure in Guideline calculation under 5K1.1 for substantial cooperation. [read post]
20 Jul 2015, 4:00 am
The Board appealed Supreme Court’s ruling, contending that arbitration of the subject matter of the dispute is barred by Education Law §3602-e and public policy. [read post]
27 Mar 2016, 4:00 am
Stewart at The National Law Review.Giving credence to the adage that honesty is the best policy, a panel from the Fifth Circuit Court of Appeals in United States v. [read post]
2 Jan 2023, 1:59 pm
In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major state government project affecting the Historic State Capitol Building and Annex in Sacramento. [read post]
23 Nov 2018, 10:27 am
California Federal Court Disagrees with CIGNA Upon review by the Federal court in the Northern District of California, the court found that Ms. [read post]
6 Jan 2009, 7:06 pm
But this past fall, a federal appeals court declared the verdict unfair, saying it was based on a single, shaky witness, no physical evidence and a police officer's second-hand testimony that never should have been allowed. [read post]
6 Sep 2014, 7:25 am
Court of Appeals, July 7, 2014). [read post]
2 Aug 2010, 10:09 am
Moreover, any decision made by the district court will surely be appealed to the Fourth Circuit Court of Appeals and ultimately the Supreme Court. [read post]
26 Jul 2007, 1:25 am
COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Driver's Momentary Stop Not Submission to Police Authority for Fourth Amendment Seizure
United States, appellee v. [read post]
9 Aug 2013, 10:18 am
In so holding, the Second District rejected the recent holdings in the Fifth and Sixth Districts in Madera Oversight Coalition, Inc. v. [read post]
16 Dec 2010, 5:39 pm
Back in March, I wrote about the decision in Besser v Walsh, 601 F3d 163 [2d Cir 3/31/10]) in which the United States Court of Appeals for the Second Circuit struck down New York's persistent felony offender law as unconstitutional, holding that “the New York courts’ upholding of the constitutionality of the New York state persistent felony offender (PFO)sentencing statutes after the United States Supreme Court’s decision in Blakely… [read post]
21 Jun 2007, 8:03 am
The Supreme Court ruled on Thursday that a federal criminal sentence within the Guidelines may be presumed to be reasonable when the case is on appeal. [read post]
17 Sep 2008, 2:00 pm
State Citation: 2008 WY 108 Docket Number: S-07-0247 Appeal from the District Court of Natrona County, the Honorable David B. [read post]
12 Aug 2009, 12:13 pm
The 6th District Court of Appeal in San Jose, California, was the second court in two days to rule that companies are bound (.pdf) by the entire Content Scramble System licensing regime, which prevents duplicating DVDs. [read post]
2 Nov 2019, 10:00 pm
The district court’s summary judgment allowing foreclosure by Farm Credit Services was thus allowed to stand. [read post]
