From time to time I flag a published or unpublished opinion from the Supreme Court of California, the Ninth Circuit, or another California appellate court that bears on civil or criminal procedure or evidence — the kind of ruling that changes how an appellate practitioner briefs, files, or tries a case, as distinct from a holding that only matters because of its particular facts. The common thread across every entry is significance to trial-level practice broadly — civil and criminal procedure, evidence, and jurisdiction — not the substantive area of law a case happens to involve. This page is curated, not comprehensive, and grows as significant opinions emerge from the courts it covers.
On unpublished opinions. A small number of the opinions below may be unpublished and cannot be cited or relied on in any other California proceeding under Rule of Court 8.1115. They are included, and marked as such, because the procedural reasoning is still useful to understand even where it carries no citable weight.
United States Court of Appeals for the Ninth Circuit · September 2026 · Jurisdiction
Appellate jurisdiction — Federal Circuit's exclusive jurisdiction under 28 U.S.C. § 1295(a)(1) turns on whether a patent counterclaim is compulsory under FRCP 13(a); scope of supplemental jurisdiction under 28 U.S.C. § 1367(a) over state-law claims tied to a permissive federal counterclaim
United States Court of Appeals for the Ninth Circuit · September 2026 · Jurisdiction
Article III standing — causation requirement where a plaintiff's injury depends on unregulated third parties' predicted reactions to agency under-regulation
United States Court of Appeals for the Ninth Circuit · September 2026 · Jurisdiction
Article III standing — listener standing to bring a First Amendment right-to-receive-information challenge; pre-enforcement speaker standing under the credible-threat-of-prosecution test
Supreme Court of California · September 2026 · Civil Procedure
Peremptory challenges — behavior-based reasons under Code Civ. Proc. § 231.7, subdivision (g)
Supreme Court of California · September 2026 · Criminal Procedure
Appealability of a magistrate's dismissal of a felony complaint under Penal Code §§ 1235, 1238(a)(8); timing of a Penal Code § 1381 speedy-trial demand
Supreme Court of California · September 2026 · Criminal Procedure
Standard of review on a Penal Code § 1473.7(a)(1) motion to vacate a guilty plea for immigration-consequence error
Supreme Court of California · September 2026 · Criminal Procedure
Habeas corpus relief — scope of resentencing where a habeas claim seeks discrete, non-constitutional sentencing relief under Estrada
United States Court of Appeals for the Ninth Circuit · September 2026 · Jurisdiction
Appellate jurisdiction — collateral order doctrine; whether a denial of Communications Decency Act § 230 immunity is immediately appealable under 28 U.S.C. § 1291
Supreme Court of California · September 2026 · Civil Procedure
Appealability — voluntary dismissal as an appealable judgment
California Court of Appeal, Fourth Appellate District, Division One · September 2026 · Civil Procedure
Renewed motions — a second motion to compel arbitration based on a different contract is still a "renewal" under § 1008(b), and denial of a noncompliant renewed motion is not appealable
Showing 10 of 13 posts. Browse by month, topic, or court above.
Each entry flags a published or unpublished opinion from a California or federal appellate court that bears on civil or criminal procedure or evidence — the kind of ruling that changes how an appellate practitioner briefs, files, or tries a case. No entry exists without having read the actual opinion. The blog is curated, not comprehensive.
An unpublished opinion may not be cited or relied on by a court or a party in any other action under California Rule of Court 8.1115. Unpublished opinions included here are marked as such; the procedural reasoning may still be useful even where it carries no citable weight.
Using this website or submitting a conflict check does not create an attorney-client relationship and does not extend, suspend, stay, or otherwise affect any legal, trial-court, appellate, or other deadline or proceeding.