People v. Hawthorn — Guilty Plea Does Not Preclude Resentencing Issues, but Error Was Harmless
A guilty plea does not preclude factual litigation at a Penal Code section 1172.6 hearing, though Hawthorn failed to show the error changed the result.
A guilty plea does not preclude factual litigation at a Penal Code section 1172.6 hearing, though Hawthorn failed to show the error changed the result.
The Sixth District reversed a sexual-assault conviction because inflammatory messages with little connection to the charge became improper propensity evidence and denied a fair trial.
A family court must expressly compare access to litigation funds and ability to pay before denying need-based fees under Family Code section 2030.
The Third District upheld summary judgment for dual real-estate agents because the buyer failed to produce a triable issue on the fiduciary breaches it pleaded.
A court may reduce an appeal bond for an appellant with significant assets when the evidence shows those resources cannot support the much larger required undertaking.
The Ninth Circuit held that notice of an IVC filter’s malposition and perforation triggered California’s two-year limitations period despite later medical reassurance.
The Ninth Circuit required an opportunity to cure standing and vacated anti-SLAPP relief because defendants cannot prevail while a federal complaint may still be saved by amendment.
A federal court dismissed a minor student’s claims against Walnut Creek School District with leave to amend, emphasizing statutory and public-entity pleading requirements.
The Northern District reversed a bankruptcy ruling because the court did not conduct the required equitable excusable-neglect analysis.
A federal court dismissed FCRA claims over disputed ITT student loans because the complaint did not identify a sufficiently specific reporting inaccuracy.
The Northern District held that requested Song-Beverly civil penalties count toward the federal amount in controversy and denied remand.
The Southern District ordered restoration of humanitarian parole in a habeas challenge to immigration detention.
The Southern District ordered immediate release to prior conditions in a habeas challenge to immigration detention.
The Southern District denied habeas relief without prejudice in a habeas challenge to immigration detention.
The Southern District ordered release after noncompliant bond process in a habeas challenge to immigration detention.
The Southern District required a prompt constitutionally adequate bond hearing in a habeas challenge to immigration detention.
The Southern District required bond hearing and barred pre-hearing transfer in a habeas challenge to immigration detention.
The Southern District dismissed a Fourth Amendment damages claim against a Border Patrol agent because extending Bivens to that context was unavailable.
The Southern District dismissed a Fourth Amendment damages claim against a Border Patrol agent because extending Bivens to that context was unavailable.
The Southern District retained a driver’s wage-and-hour and PAGA action because related state claims shared the same operative facts as a jurisdictionally sufficient claim.
The Southern District ordered an individualized bond hearing in a habeas challenge to immigration detention.
The Southern District ordered an individualized bond hearing in a habeas challenge to immigration detention.
The Southern District ordered immediate release and future due process in a habeas challenge to immigration detention.
The Southern District ordered bond hearing but declined immediate release in a habeas challenge to immigration detention.