Recent changes
AFGE v. Trump - Labor Law
The Ninth Circuit vacated a preliminary injunction in AFGE v. Trump, concerning labor relations for federal employees. The court found the injunction was improperly granted, impacting the application of executive orders related to federal worker unions.
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.
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.
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. Patterson - California Court of Appeal Opinion
The California Court of Appeal issued an opinion in People v. Patterson, concerning a murder conviction. The court reversed and remanded the case with directions, indicating a significant change in the legal status of the defendant's conviction.
People v. Acosta - Criminal Conviction Appeal
The California Court of Appeal affirmed a judgment against Marlon Acosta, who was found guilty of multiple sexual offenses and kidnapping. Acosta appealed, raising issues of insufficient evidence, witness impeachment, admission of uncharged acts, and prosecutorial misconduct. The court found no merit in his contentions.
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.
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. 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.
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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