Recent changes
Seaker & Sons v. Cushman & Wakefield - Breach of Contract
The California Court of Appeal reversed a lower court's decision in Seaker & Sons v. Cushman & Wakefield, finding that the breach of contract claim was properly pled. The case involves a landlord suing its property manager for allowing unpermitted construction.
People v. Kinsey - Criminal Appeal
The California Court of Appeal, Fourth Appellate District, Division Three, issued a non-precedential opinion in the case of People v. Kinsey. The appeal concerned a postjudgment order related to a resentencing petition filed under Penal Code section 1172.6. The appellate court affirmed the trial court's denial of the petition.
People v. Lopez - California Court of Appeal Opinion Modification
The California Court of Appeal, Fourth Appellate District, Division One, issued an order modifying a previously filed opinion in the case of People v. Lopez. The modification involves adding a footnote regarding estoppel arguments in plea agreements and renumbering subsequent footnotes. This is a procedural update to a non-precedential opinion.
In re C.S. - California Court of Appeal Opinion
The California Court of Appeal, Third Appellate District, has filed a non-precedential opinion in the case of In re C.S. The court reviewed the record for arguable issues on appeal and found none, affirming the judgment. The case involves a juvenile charged in connection with a homicide.
W.R. v. G.B. - Civil Harassment Restraining Order Appeal
The California Court of Appeal dismissed an appeal concerning a civil harassment restraining order. The court found the appeal moot because the restraining order had expired by its terms before the appellate decision was rendered. The appellant had sought to terminate the order, alleging fraudulent service.
Atkinson v. Carrier Corporation - Labor Dispute
Carrier Corporation has filed a Notice of Removal in the case Atkinson v. Carrier Corporation, initiating a civil case based on diversity jurisdiction. The case was originally filed in Alameda County Superior Court and has been transferred to the U.S. District Court for the Northern District of California.
Keenah Taylor v. State of Indiana - Criminal Conviction Appeal
The Indiana Court of Appeals affirmed in part, reversed in part, and remanded the case of Keenah Taylor v. State of Indiana. The court upheld the admission of victim statements and the sufficiency of evidence for rape conviction but reversed the denial of pretrial good time credit, ordering the trial court to award it.
Illinois Supreme Court: Amazon Must Pay for COVID-19 Screening Time
The Illinois Supreme Court ruled that Amazon must compensate its hourly employees for time spent undergoing mandatory COVID-19 screenings before their shifts. The court answered a certified question from the Seventh Circuit, holding that Illinois's Minimum Wage Law does not incorporate the federal Portal-to-Portal Act's exclusion for preliminary and postliminary activities.
People v. Johnson - First Degree Murder Sufficiency of Evidence
The Illinois Supreme Court reviewed a first-degree murder conviction where the appellate court reversed the trial court's judgment based on the sufficiency of identification evidence and reliance on social science research not presented at trial. The Supreme Court reversed the appellate court's decision, finding that the State proved the defendant guilty beyond a reasonable doubt.
Illinois Supreme Court Opinion in People v. McCoy
The Illinois Supreme Court affirmed the denial of Michael McCoy's successive postconviction petition. The court found that the circuit court did not err in denying the petition, as the evidence presented did not conclusively establish actual innocence or warrant a new trial. The opinion addresses the standard for considering new evidence in postconviction proceedings.
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