Case Summaries

Criminal Law & Procedure

[07/23] US v. Clark
Convictions for possession and conspiracy to distribute cocaine are affirmed where: 1) evidence of prior drug relationships was properly admitted; 2) evidence of the details of a physical attack in which defendants were not involved was not prejudicial; 3) a photo intended to be used to impeach a witness was properly excluded; 4) a prior statement of a witness was properly excluded as irrelevant; and 5) the prosecutor's characterization of a defendant's anticipated closing argument as a "standard" argument made by drug defendants was improper, but did not prejudice defendant.

[07/23] Gil v. Reed
In an inmate's negligence, malpractice, and civil rights suit against prison medical staff, summary judgment for defendants is reversed where the record contained sufficient evidence to show genuine issues of material fact on: 1) inmate's Eighth Amendment claim that prison staff were deliberately indifferent to his medical needs; and 2) whether defendants had met the standard of care, using the state-law standard as required by the Federal Tort Claims Act.

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Family Law

[07/22] In re Esmeralda S.
Juvenile court's order terminating defendant-mother's parental rights to her child is affirmed over claims of error that: 1) defendant's due process rights were violated when the juvenile court appointed her a guardian ad litem; and 2) the juvenile court did not properly inquire into her and the minor's father's possible American Indian ancestry for purposes of complying with Indian Child Welfare Act.

[07/18] In re Brandon T.
Order terminating mother's parental rights over her child is affirmed where: 1) there was sufficient evidence that the minor was specifically adoptable by his relative caretakers; 2) the Indian Child Welfare Act does not require more than one expert at a section 366.26 hearing; 3) there was sufficient evidence that continued custody would result in serious emotional or physical harm to the minor; and 4) mother was not prejudiced by a lack of evidence in regard to prevailing social and cultural standards of the minor's tribe.

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