Here’s a line you don’t see that often:”Defendant was 75 years old when he committed his crimes in September 2009. . . .”You wouldn’t think that’d be a murder or anything like that, and it’s not. “Defendant was convicted
California Appellate Report
The California Appellate Report, published by Professor Shaun Martin, covers appellate court decisions in California with a focus on diverse legal issues including family law disputes such as custody and divorce-related property rights, state and federal contempt proceedings, criminal law interpretations particularly involving firearms regulations, neighbor and property litigation, and tax law challenges related to local government financing programs like PACE. The blog analyzes court opinions, contrasting judicial approaches and reasoning, and discusses procedural and substantive legal principles as applied by California appellate courts and occasionally federal courts within the Ninth Circuit.
Latest from California Appellate Report - Page 2
U.S. v. Morgovsky (9th Cir. – Aug. 31, 2026)
By Shaun Martin
Judge Bea begins this opinion with:”For years, Naum Morgovsky smuggled components for
night-vision and thermal-vision rifle scopes into Russia and
laundered the proceeds of his illicit enterprise through a
network of offshore banks. But federal investigators
eventually got Morgovsky in
Liu v. Kaiser Permanente (9th Cir. – Aug. 31, 2026)
By Shaun Martin
It’s a standard sentiment, held by a nontrivial number of people, and succinctly summarized by the phrase: “F***ing Kaiser.” (For a slightly longer diatribe with additional obscenities, see here. Thank you, Helen Hunt.)That feeling typically arises out of a…
Garcia Morales v. Blanche (9th Cir. – Aug. 31, 2026)
By Shaun Martin
This is a long (88-page, single spaced) immigration opinion. The majority opinion is written by Judge Paez, and the dissent by Judge Bumatay. So you can probably accurately figure out which way it ends up.For a very brief description…
Cabardo v. Patacsil (9th Cir. – Aug. 27, 2026)
By Shaun Martin
My congratulations to Judge Nelson on this opinion.It’s extremely well-written. It flows gracefully. It explains things well. It’s careful and refined.Here are the first several paragraphs:”Bankruptcy proceedings differ from traditional civil
cases we more often hear. Bankruptcy proceedings can…
People v. Hazlett (Cal. Supreme Ct. – Aug. 27, 2026)
By Shaun Martin
I know I say this — or something like this — a lot. But it still seems to me like it’s a total waste.The murder here was in 1978. Nearly a half-century ago. Admittedly, it took a while (almost exclusively,…
County of King v. Turner (9th Cir. – Aug. 25, 2026)
By Shaun Martin
This is a really smart and well-written opinion by Judge McKeown.
It’s a high-profile case, so I won’t say much about the merits; you can read about it elsewhere. Basically it affirms a district court injunction that stops the federal
…
U.S. v. Aguilera (9th Cir. – Aug. 24, 2026)
By Shaun Martin
According to this opinion, when a 27-year veteran judge in the Northern District of California, a graduate of Harvard Law School, was told that the federal sentences guidelines allow a defendant to go to trial and yet still…
Town of Apple Valley v. Apple Valley Ranchos Water (Cal. Supreme Ct. – Aug. 24, 2026)
By Shaun Martin
I will take issue neither with the holding of this California Supreme Court opinion nor with its rationale. It’s unanimous, after all. Far be it from me to register any dissent.I will instead limit myself to merely a parenthetical note…
1 Community Compact v. City of Fresno (Cal. Ct. App. – Aug. 21, 2026)
By Shaun Martin
Can you figure out from the very first paragraph the twists and turns that likely — and in fact — occurred in this case?Here’s the opening paragraph:”Emphasizing the “profound impact” of Mexican-American labor leader and civil
rights activist…