P. v. Almeda

(California Court of Appeal) – Affirming the convictions of two defendants for first degree murder because the court did not err in its introduction of one defendant’s jailhouse confession and by failing to instruct on the lesser included offense of voluntary manslaughter because his confession was made to a fellow prisoner, not to a government agent, and the instruction as to manslaughter was not justified given the insufficient evidence to support it.
FindLaw Opinion Summaries – Criminal

Arkansas Teachers Retirement System v. Goldman Sachs Group, Inc.

(United States Second Circuit) – Vacating a district court order granting class certification in the case of a group of Goldman Sachs clients alleging that the company made material misstatements regarding their conflicts of interest that caused the value of their shares to decline because the plaintiff invoked the rebut-able presumption of reliance on the statements, but recent precedent established that the rebuttal of this presumption must do so by the preponderance of the evidence.
FindLaw Opinion Summaries – Civil Procedure

Patricia A. Murray Dental Corporation v. Dentsply International, Inc.

(California Court of Appeal) – Affirming a judgment that a medical dental device marketed for use in periodontal debridement was not in breach of express warranty because, although the machine accumulates biofilm in its waterlines and is incapable of delivering sterile water during surgical procedures, the trial court correctly found that dentists were well aware that biofilm forms in all dental waterlines and the device did not produce sterile water, so there was no likelihood that the class of plaintiffs was misled.
FindLaw Opinion Summaries – Class Action

Tharpe v. Sellers

(United States Supreme Court) – Granting a petition for writ of certiorari and vacating a Court of Appeals denial of a certificate of appealability relating to the decision of the district court to deny a motion to reopen federal habeas corpus proceedings in the case of a man convicted of murder and sentenced to death whose jury included a juror who later provided a sworn affidavit that indicated their prejudicial view of black people because the district court and appeals court denials, which rested on the ground that it was indisputable among reasonable jurists that having a racist on the jury did not prejudice the defendant.
FindLaw Opinion Summaries – United States Supreme Court

US v. Smathers

(California Court of Appeal) – Affirming a district court determination denying the defendant’s presentence motion to eliminate his remaining restitution obligation by amounts recovered by his crime victim in its civil litigation against other persons because the decision that the defendant had the burden of proving the victim had been fully compensated was within the court’s discretion.
FindLaw Opinion Summaries – Criminal