Today's Opinions
9TH U.S. Circuit Court of Appeals
Henry v. Ryan
Alternate interpretation of crime scene evidence insufficient to show prosecution witness's perjury (Fisher, J.)
Lemke v. Ryan
Retrial of defendant for felony murder after jury impliedly acquitted defendant of underlying robbery charge did not violate Double Jeopardy Clause (Canby, J.)
Veltmann-Barragan v. Holder
District court lacked jurisdiction to consider habeas petition filed by alien not currently subject to removal (Ikuta, J.)
United States v. Sanchez-Aguilar
Evidence supported defendant's conviction for being "found in" United States despite lack of proof of prior departure (Watford, J.)
California Courts of Appeal
People v. Nguyen
Taking of store merchandise with intent to avoid paying for it supported conviction for burglary based on intent to commit larceny (Margulies, Acting P.J.)
Teal v. Superior Court (People)
Trial court order finding prisoner ineligible for recall of sentence under Three Strikes Reform Act of 2012 not appealable (Perluss, P.J.)
Havasu Lakeshore Investments, LLC v. Fleming
Interests of limited liability corporation did not conflict with those of managing member merely because two of corporation's minority members had sued managing member's general partner (Ikola, J.)
SB Liberty, LLC v. Isla Verde Association, Inc.
Members of homeowners' association could not delegate to attorney their rights as members to attend and participate in meetings of association?s board of directors (Nares, Acting P.J.)
People v. Fong
Fifteen percent restriction on custody credit properly applied to person found to have inflicted great bodily injury without requirement for finding of specific intent to inflict such injury (Mihara, J.)
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