Recent changes
Semaan v. Mosier - California Court of Appeal Opinion Modification
The California Court of Appeal filed an order modifying its opinion in Semaan v. Mosier, clarifying the scope of quasi-judicial immunity for court-appointed receivers. The modification addresses arguments related to statutory immunity and common law immunity, confirming there is no change in the judgment.
People v. Lopez - Child Molestation Sentencing Appeal
The California Court of Appeal reversed and remanded a judgment against Antonio Martinez Lopez, who was convicted of child molestation. The court found that the trial court erred by imposing an upper term sentence based on aggravating factors not stipulated to by the defendant or proven beyond a reasonable doubt.
People v. Bogan - Criminal Appeal
The California Court of Appeal modified the sentence of Ladrill Bogan, vacating a $5,000 restitution fine pursuant to recent statutory amendments. The court affirmed the modified sentence of 50 years to life, finding no abuse of discretion in denying a motion to dismiss a prior strike conviction.
Villa v. Modica - Appeal of Employment Discharge
The California Court of Appeal reversed a trial court's decision regarding the discharge of a police detective, Salvador Villa. The appellate court directed the trial court to order the Civil Service Commission to reconsider the penalty for Villa's employment discharge based on remaining charges.
S.O. v. Bonita Unified School District - Childhood Sexual Assault Claims
The California Court of Appeal reversed a lower court's decision, holding that Assembly Bill No. 218's retroactive waiver of the claim presentation requirement for childhood sexual assault claims does not violate the California Constitution. This ruling allows plaintiffs to bring claims that would otherwise be time-barred.
County of Sacramento v. NKS Real Estate Holdings CA3 - Real Estate Development
The California Court of Appeal affirmed a trial court's judgment against NKS Real Estate Holdings, Inc. and its attorney for creating a nuisance per se by constructing and leasing an accessory dwelling unit without obtaining a building permit from Sacramento County. The court found the defendants' arguments regarding standing, ordinance conflict, and nuisance per se lacked merit.
People v. Sheed - Motion to Vacate Conviction
The California Court of Appeal reversed an order denying Donny Kay Sheed's motion to vacate his 1989 conviction based on newly discovered evidence of factual innocence. The court found Sheed was entitled to a hearing on his motion.
People v. Fonseca - Criminal Appeal
The California Court of Appeal, Fifth Appellate District, filed an opinion in the case of People v. Fonseca. The defendant was convicted of first-degree murder and sentenced to 75 years to life. The appeal addresses issues including jury instructions, prosecutorial misconduct, and evidentiary rulings.
People v. Harvey - Criminal Appeal
The California Court of Appeal affirmed a trial court's denial of a petition for recall and resentencing filed by James Earl Harvey. Harvey argued that denying resentencing mechanisms to defendants who were 18 at the time of their offenses, while providing them to those under 18, violated equal protection. The court rejected this argument, affirming the original sentence.
People v. Vanderford - Criminal Appeal
The California Court of Appeal, Third Appellate District, filed an opinion in the case of People v. Vanderford. The court affirmed the defendant's convictions for murder, robbery, burglary, and arson, except to strike one of the two multiple-murder special circumstances found true.
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