Eastern District of California Blog

UC Davis Law School Daubert Hearing Symposium March 2, 2012

UC Davis Law Review is hosting a free Daubert Hearing Symposium on March 2, 2012.  Here's how its website describes the conference:

Come and learn from the experts about the tactical use of scientific evidence in litigation. On March 2, 2012, the UC Davis Law Review will host a symposium in two parts. In the first half, a federal judge and two experienced attorneys will conduct a Daubert hearing on a controversial type of expert testimony. During the second segment, our expert academic panel will comment on scientific evidence and discuss the law and tactics of Daubert hearings.

This symposium is designed to help scientists and litigators better produce and evaluate scientific evidence.

FDIC Sues Former Officers of Defunct County Bank In Merced

The Federal Deposit Insurance Corp. sued former officials of County Bank in Merced, California, part of Capital Corp. of the West, claiming their mismanagement caused $42 million in losses through bad loans.

Named in the suit, filed Jan. 27 in federal court in Fresno, were former County Bank Chief Executive Officer Thomas T. Hawker; John J. Incandela, Dave Kraechan, and Edwin Jay Lee, who are former vice presidents; and Edward Rocha, the former chief operating officer and bank president.

 . . .

The case is FDIC v. Hawker, 12-CV-00127, U.S. District Court, Eastern District of California (Fresno).

Bloomberg, 1/30/12

Ninth Circuit Affirms EDCA Court's Miranda Suppression Order

In this 2-1 unpublished decision, United States v. Blanford, 10-10337, the Ninth Circuit Thursday affirmed Judge Shubb's order suppressing defendant Joel Blanford's statements to federal agents (FBI agent John Sommercamp and IRS agent Christopher Fitzpatrick) because they failed to follow the requirements of Miranda during a "police-dominated" interrogation at Blanford's residence.  Congratulations to defense attorney Michael Cardoza.    

EDCA Denies Salyer's Motions To Suppress Wiretap Evidence

According to the Monterey Herald, 1/13/12, Judge Karlton denied defendant Frederick Scott Salyer's motions to suppress wiretap evidence in his RICO/antitrust prosecution. 

Ok, I'm a couple weeks behind on this one.

On Remand From Supreme Court, Ninth Circuit Affirms EDCA Denial Of Habeas Relief

On remand from the Supreme Court, the Ninth Circuit yesterday affirmed the EDCA Court's denial of habeas relief in Diaz v. Adams, 08-15808 in light of Harrison v. Richter, 131 S.Ct. 770 (2011), reversing course from its prior decision, Diaz v. Clark, 08-15808, 11/29/10, which had granted habeas relief in the case on an ineffective assistance of counsel claim.

EDCA Court Holds California Prop 9 Parole Revocation Statute Unconstitutional

In this Valdivia v. Brown, No. 94-671-LKK order, Judge Karlton held California's Proposition 9 to be unconstitutional because its changes to parole revocation procedures in California violate the minimum due process protections required by the Supreme Court's decisions in Morrisey v. Brewer and Gagnon v. Scarpelli.  The ruling invalidates Prop 9 in its entirety, finding that when the unconstitutional provisions of the parole revocation statute are stricken, the remaining portions are not severable and "no portion of the statute can be preserved."  Denny Walsh has a good summary in his article in today's Sacramento Bee.

EDCA Court Avoids Release Of Moonlight Fire Documents

A Sacramento federal judge has avoided making public a set of documents sought by The Bee that were offered to support a critical motion in a bitter legal battle over how a 2007 wildfire started and who should pay for damages it caused.

U.S. District Judge Kimberly J. Mueller said the party offering the documents, timber giant Sierra Pacific Industries, is free to file them publicly within three days of Tuesday, the day she signed a 10-page order filed Wednesday.

Mueller noted a prior ruling that the documents are immaterial to the matter at issue in Sierra Pacific's lawsuit against the U.S. Department of Agriculture.

"In light of (the prior) ruling, SPI's attempt to file the documents at all appears to be improper," the judge stated.

She added ominously, "If SPI files the exhibits, and the court later determines that the filing was improper, the court then will issue an order directing SPI to show cause why it should not be sanctioned."

So, if the documents are filed publicly, attorneys at the Sacramento firm Downey Brand LLP who represent Sierra Pacific are looking down the barrel of possible monetary penalties.

The documents purportedly bear on Sierra Pacific's allegations that U.S. Forest Service personnel are guilty of fraud and misconduct in connection with the detection and investigation of the mammoth Moonlight fire that ravaged 65,000 acres of national forest and private property in Plumas and Lassen counties.

Sacramento Bee, 1/26/12; [see also PlumasNews, 2/1/12].

Guilty Verdict In Illegal Re-Entry Case Yesterday

A federal jury returned a guilty verdict in an illegal re-entry after deportation case before Judge Shubb on Wednesday.  Sac Bee Blog, 1/26/12.

No More EDCA Naturalization Ceremonies

Although this makes sense as a cost-cutting move, something will be lost with the elimination of mass naturalization ceremonies.  I attended one for a friend and found the pride and excitement of new U.S. citizens to be quite inspiring:

Tuesday's swearing-in ceremony for more than 1,700 people will mark the last time a federal judge presides over a large-scale naturalization ceremony inside Sacramento's Memorial Auditorium.

A U.S. District Court judge for the Eastern District of California has been presiding over large naturalization ceremonies in the auditorium since April 24, 2008.

In a cost-cutting move, the Court is ceded the authority to naturalize to the U.S. Citizenship and Immigration Services Sacramento Field Office, said a new release from Sharon Rummery, a USCIS public affairs officer.

Instead of a mass swearing-in ceremony, the ceremonies will now be done on a daily basis for people interviewed on the same day inside the field office.

KCRA, 1/24/12

Three Women Charged In False Tax Returns Fraud Scheme

Three Sacramento women were arrested today, accused of stealing taxpayers' identities and their tax refunds.

According to federal court documents, Nadiyah Muhammad Woods, 33; Nakia Renee Vaughn, 26; and Tomisha Lee McKinnie, 24, are charged in a conspiracy to defraud the United States through the filing of false tax returns using TurboTax, an income tax preparation software and filing service.

The women are charged with executing a mail fraud scheme to obtain Green Dot debit cards, a service offered through the TurboTax software, loaded with the tax return money of taxpayer victims.

Sac Bee Blog, 1/23/12

Read more here: http://blogs.sacbee.com/crime/archives/2012/01/three-sacramento-women-arrested-in-false-tax-return-scheme.html#storylink=cpy