Courts & Litigation

Lopez v. United States - Appeal of Sentence for Child Pornography Offenses

The Fifth Circuit Court of Appeals vacated and remanded David Lopez Jr.'s 360-month sentence for child pornography offenses. The court agreed that a five-level enhancement for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor was incorrectly applied.

Kealani Distribution v. FDA - Tobacco Control Act Rule Challenge

The Fifth Circuit Court of Appeals affirmed a district court's decision upholding the FDA's Final PMTA Rule. The court found that the FDA complied with the Regulatory Flexibility Act when promulgating the rule, which regulates new tobacco products. The ruling impacts manufacturers and trade associations representing small businesses in the vapor product industry.

People v. Medrano - Appeal of Order Denying Motion to Vacate Conviction

The California Court of Appeal affirmed the denial of a motion to vacate a conviction for transportation of a controlled substance. The defendant argued he did not understand the immigration consequences of his plea. The court found the defendant failed to establish prejudice from any error in understanding.

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.

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.

People v. Sylvester - Criminal Sentencing Appeal

The California Court of Appeal affirmed a resentencing decision in People v. Sylvester, holding that trial courts retain discretion to strike multiple sentencing enhancements. The court found no abuse of discretion in the trial court's decision not to strike additional enhancements.

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.

Fisher v. Fisher - Wrongful Death Appeal

The California Court of Appeal affirmed a judgment in a wrongful death case. The court found that the defendants' tortious conduct was the legal cause of the decedent's relapse and subsequent death, upholding jury awards totaling approximately $9.4 million plus punitive damages.

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.