California Court of Appeal holds that a railcar repairman doing stationary maintenance work in a Wilmington rail yard is not a ‘transportation worker’ exempt from the Federal Arbitration Act, so his class action waiver is enforceable.
California Supreme Court reaffirms the constitutional right to pretrial release, requiring prosecutors to prove the necessity of detention by clear and convincing evidence and forbidding boilerplate denial-of-bail orders.
California Supreme Court holds that gang-enhancement and vicarious firearm-use findings cannot substitute for proof of personal malice in Senate Bill 1437 resentencing hearings, opening the door to new resentencing for aiders and abettors of gang-related killings.
On automatic appeal, the California Supreme Court unanimously affirms the convictions and death sentence of Cary Stayner for the 1999 Cedar Lodge murders of Carole Sund, her daughter Juli, and Silvina Pelosso. Justice Evans concurred and dissented in part.
The Ninth Circuit denies en banc rehearing in a Nevada death-penalty habeas case, leaving in place a panel decision allowing the petitioner to invoke Martinez v. Ryan to revive long-defaulted trial-ineffective-assistance claims, over a forceful dissent from nine judges.
The Ninth Circuit affirms the denial of a Mexican spouse’s visa application, holding that after Department of State v. Muñoz a U.S. citizen spouse can still invoke the Mandel exception based on her First Amendment right to receive information, but that the consular officer’s reason-to-be
First District partially reverses animal rights activist’s trespass convictions arising from open-rescue activities at Sonoma County poultry farms, holding the trial court erred by limiting evidence of the defendant’s good-faith mistake of law about the legality of his conduct under the
Fourth District reverses dismissal of civil fraud lawsuit alleging misrepresentation in connection with marital settlement stipulation, holding that the lawsuit was timely filed and should not have been dismissed under Family Code section 2122 after transfer to family law court.
The Ninth Circuit reverses a federal habeas grant in a California death-penalty case, holding that under AEDPA’s doubly deferential standard the California Supreme Court reasonably rejected the petitioner’s ineffective-assistance-of-counsel claims, including those based on cumulative pre
First District affirms joint and several liability of pesticide trade associations for private attorney general fees following successful CEQA challenge to rodenticide registrations, holding that intervenors who asserted pecuniary interests cannot disclaim those interests to avoid fee liability.