Legal News & Case Summaries

Case Summaries

Criminal Law & Procedure

[08/15] US v. Martin
Affirming the District Court's ruling that a person convicted for the distribution of crack cocaine was not entitled to a sentence reduction under Amendment 782 of the US Sentencing Guidelines because he was a career offender ineligible for a reduced sentence.

[08/14] In Re: Trever P.
Affirming the conviction of a 12 year old for the crime of sexual molestation against his four year old cousin because recordings were properly admitted as evidence under the vicarious parental consent doctrine where the parent of the victim surreptitiously recorded a conversation between the accused and victim.

[08/14] US v. Buffis
Affirming the conviction of a town's former chief of police, who complained that his receipt of $4,000 from the proprietors of a brothel in exchange for halting a prostitution prosecution wasn't extortion since they were glad to pay, but the court held that duress is not an element of Hobbs Act extortion.

[08/14] US v. Lefsih
Vacating a conviction for immigration fraud because the district court's repeated interjections expressing skepticism of the Diversity Immigrant Visa Program and its negative impression of individuals who participate in the program were improper judicial intervention and the Algerian defendant was denied the opportunity for a fair and impartial trial as a result.

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Family Law

[08/15] County of Orange v. Cole
Affirming a trial court's order of child support in the case of a man who was a sperm donor, though in this case the donor and mother had a sexual relationship, the mother was impregnated with the father's extracted sperm by mutual agreement during a period in which the man was married with another woman, and he subsequently publicly identified himself as the child's father.

[08/04] In Re The Marriage of Garcia
Affirming the support order issued in connection with a nullity of marriage action because the prior court order in an action for dissolution of marriage dismissed for failure to establish a valid marriage did not trigger the doctrine of res judicata because the actions involve different primary rights and the putative spouse order is not a final order.

[08/03] In Re L.L.
Reversing a court order finding a former convict to be the third parent of a child because there was no evidence of a preexisting relationship between the putative father and child and ordering a weighing of the competing claims of the competing fathers to determine who will receive court recognition.

[08/03] Blackledge v. Blackledge
Affirming the determination that the child of a German resident that was relocated to the United States was not abducted in violation of the Hague Convention because the record reflected the parents' shared intent for the child to move with a settled purpose.

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Injury & Tort Law

[08/14] Jacobs v. Coldwell Banker Residential Brokerage Company
Affirming the grant of summary judgment to the defendant in the case of a plaintiff who was injured when, while inspecting a home offered for sale, the diving board he was standing on collapsed and he fell into the property's empty pool, because although the plaintiff claimed that they were also arguing the existence of a dangerous condition this claim was never pled and even if it had been it would have failed because the accident was not reasonably foreseeable.

[08/10] Towery v. State of California
Affirming the determination, in the case of a man who caught valley fever while incarcerated in a state prison, that the State is immune from liability against a Bane Act cause of action because, subject to exceptions not relevant to the claim, a public entity is not liable for an injury to any prisoner.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

[08/10] Parrish v. Watkins
Affirming the Court of Appeals determination that while a case's success after a hearing on the merits typically forecloses subsequent malicious prosecution claims; a case that survives a motion for summary judgment but is determined to have been brought in bad faith after trial does not foreclose malicious prosecution actions under the interim adverse judgment rule.

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