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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 04-CR-156
Regular Panel Decision

United States v. Taveras

Defendant Humberto Pepin Taveras faces a homicide trial where the government seeks the death penalty for the killings of two associates during a drug trafficking dispute. Senior District Judge Jack B. Weinstein addresses the admissibility of a self-defense claim, emphasizing heightened protections for defendants in capital cases and allowing more leeway for evidence favoring the defendant. The defense intends to establish self-defense through witness statements suggesting the victims, José Rosario and Carlos Madrid, had threatened Pepin and his family. The prosecution disputes this, arguing Pepin deliberately sought out and murdered the victims, thereby precluding a self-defense claim as he initiated the confrontations. The court ultimately rules that Pepin will be permitted to argue self-defense, and related evidence will be allowed, with a self-defense instruction to the jury contingent on sufficient proof being presented.

Self-defenseCapital punishmentHomicide trialEvidentiary rulesDrug traffickingDeath penaltyJury instructionsCriminal lawDue processReasonable doubt
References
45
Case No. ADJ8665916 ADJ8665918 ADJ8666059
Regular
May 20, 2014

JOSE MUNIZ vs. HOME TEAM PEST DEFENSE, AMERICAN INSURANCE GUARANTEE CLAIMS

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal, which sought to overturn an order denying a change of venue. While the defendant presented witnesses and their general testimony as required by Labor Code section 5501.6(b), the WCAB found insufficient evidence of substantial prejudice or irreparable harm. Key factors in the denial included the location of the applicant, their attorney, and defense counsel in Los Angeles County, and the defendant's failure to explain the specific hardship faced by their witnesses despite their proximity to Riverside. Furthermore, the sole scheduled event, a mandatory settlement conference, did not require witness presence.

Petition for RemovalChange of VenueLabor Code Section 5501.6Convenience of WitnessesSubstantial PrejudiceIrreparable HarmMandatory Settlement ConferencePresiding Workers' Compensation Administrative Law JudgeWorkers' Compensation Appeals BoardMarina Del Rey District Office
References
1
Case No. MISSING
Regular Panel Decision

People v. Fisher

The defendant was convicted of various sex offenses based on the testimony of his two nieces. The alleged abuse was not medically confirmed, and the defense suggested the children's mother instigated the accusations, possibly for financial motives. A crucial witness, Raymond Burse, claimed the defendant confessed, but the defense argued Burse obtained information from legal papers and received a benefit for his testimony. The prosecutor's summation was found to be improper due to bolstering witness credibility without evidence, minimizing Burse's benefit, and making an inappropriate admonition to the jury. The defense counsel's failure to object to these highly prejudicial instances of prosecutorial misconduct led to a finding of ineffective assistance of counsel, resulting in the reversal of the Appellate Division's order and the ordering of a new trial.

Criminal LawSex OffensesWitness CredibilityProsecutorial MisconductIneffective Assistance of CounselAppellate ReviewNew TrialJury InstructionsPrior Consistent StatementsParole Board
References
3
Case No. MISSING
Regular Panel Decision
Feb 07, 1995

People v. Mojica

This appellate case addresses whether a trial court deprived a criminal defendant of his right to counsel by issuing a protective order that temporarily prevented his attorney from revealing a witness's identity due to credible threats of intimidation. The defendant, convicted of multiple counts of murder and attempted murder in Bronx County, appealed this "gag order" and its alleged impact on his defense strategy. The court affirmed the trial court's decision, ruling that the limited restriction on attorney-client communication was a reasonable and permissible exercise of discretion to ensure witness safety, especially given the defendant's history of threats and gang affiliation. The court found that the order did not prohibit all communication and allowed sufficient time for defense counsel to prepare once the witness was identified. However, the judgment was modified to correct a sentencing error, reducing the minimum terms for the attempted murder convictions from 12½ to 8⅓ years.

Right to CounselWitness IntimidationGag OrderProtective OrderAppellate ReviewCriminal ProcedureSentencing ErrorHomicideAttempted MurderHome Invasion
References
22
Case No. MISSING
Regular Panel Decision

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
Case No. 2012 WL 3756270
Regular Panel Decision
Aug 28, 2012

American Freedom Defense Initiative v. Metropolitan Transportation Authority

This case involves the American Freedom Defense Initiative (AFDI), a pro-Israeli advocacy group, challenging the Metropolitan Transit Authority's (MTA) refusal to display a political advertisement on buses. The ad, which called for support for Israel and opposition to Jihad, was rejected by the MTA for violating its 'no-demeaning standard,' which prohibits ads demeaning individuals or groups based on characteristics like religion or national origin. AFDI sought a preliminary injunction, arguing that the standard violated their First Amendment rights. The court found that the MTA's standard was content-based because it selectively prohibited demeaning speech only for certain protected characteristics, while allowing it for others. Consequently, the court granted AFDI's motion for a preliminary injunction, deeming the MTA's standard unconstitutional under the First Amendment.

First AmendmentFreedom of SpeechPolitical AdvertisingPublic Forum DoctrineDesignated Public ForumContent-Based RestrictionStrict ScrutinyPreliminary InjunctionMetropolitan Transportation AuthorityAdvertising Standards
References
40
Case No. 86 B 11270 (BRL)
Regular Panel Decision

Iles v. LTV Aerospace & Defense Co. (In Re Chateaugay Corp.)

This case is an appeal to the District Court concerning two proofs of claim filed in a Chapter 11 bankruptcy proceeding against LTV Aerospace and Defense Company. The bankruptcy court had disallowed and expunged these claims, filed by the "lies plaintiffs" (nine women employees/applicants) and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), arguing that class proofs of claim are impermissible. The District Court reversed this decision, holding that class proofs of claim are permissible under the Bankruptcy Code. It also affirmed that the UAW was authorized to file claims on behalf of its members, both as a creditor in its own right and as an authorized agent. The court found that the legislative history and policy of the Bankruptcy Code support allowing class proofs of claim and that the UAW had properly identified claimants and followed filing requirements.

Bankruptcy LawClass ActionProofs of ClaimChapter 11 ReorganizationCreditor RightsDebtorGender DiscriminationCivil Rights Act of 1964Labor UnionAuthorized Agent
References
30
Case No. ADJ9166524
Regular
Feb 24, 2015

MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the WCJ's credibility determinations due to observing the witnesses' demeanor. The WCJ found the applicant's testimony regarding the alleged injury was not credible and was rebutted by defense witnesses. Furthermore, the WCJ determined the post-termination defense was applicable as the applicant's notice of injury was not timely or contemporaneous with his layoff.

AOE/COEPetition for ReconsiderationWCJ credibility determinationpost-termination defenseDover v. Fresh Start Bakeriescontemporaneous notification exceptionpreponderance of the evidenceindustrial clinic diagnosislumbar sprainmuscle spasm
References
3
Case No. GOL 0100565
Regular
Oct 15, 2007

Felipe Quezada vs. EXCLUSIVE GERMAN AUTO REPAIR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that his injury claim was barred by Labor Code section 3600(a)(10), the post-termination defense. Despite the applicant's argument that notice and termination were concurrent, the Board gave significant weight to the Workers' Compensation Judge's credibility assessment of the witnesses, who found the defense witnesses more credible. Therefore, the applicant will receive no compensation.

Felipe QuezadaExclusive German Auto RepairState Compensation Insurance FundLabor Code section 3600(a)(10)post-termination defenseconcurrent noticeterminationWCJcredibilitypetition for reconsideration
References
1
Case No. ADJ414029 (MON 0347065)
Regular
Mar 11, 2010

TRINA R. THOMPSON vs. HARBOR UCLA MEDICAL CENTER, TRISTAR RISK MANAGEMENT

The applicant sought removal of her case from the assigned judge, arguing the judge erred by allowing defense witness testimony on injury arising out of and occurring in the course of employment (AOE/COE) and that this testimony would prejudice the judge's decision. The Workers' Compensation Appeals Board (WCAB) denied the removal petition, finding no substantial prejudice or irreparable harm as reconsideration would be an adequate remedy. The WCAB also noted the applicant failed to timely object to the defense witnesses' testimony and that the record contradicted claims of undue delay caused by the judge. Furthermore, the WCAB denied the implied request for disqualification due to untimeliness and procedural defects.

Labor Code section 5310Petition for RemovalDisqualificationAOE/COEPresumption of compensabilityLabor Code section 5402Rebuttable presumptionGood faith personnel actionLabor Code section 3208.3Agreed medical evaluator
References
3
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