March 10, 2013
For some reason, the entire April calendar didn’t post below, so here are the rest of the cases:
El-Attar v. Hollywood Presbyterian Medical Center: (1) Could the executive committee of the hospital medical staff delegate to the hospital governing board its authority to select the hearing officer and the physician members of the peer review panel to hear a physician’s challenge to the governing board’s denial of his application for reappointment to the hospital medical staff? (2) If the hospital by-laws did not permit this procedure, was the peer review panel selected by the governing board “improperly constituted,” requiring a new peer review procedure conducted by a new hearing panel selected by the executive committee? [Disclosure: Horvitz & Levy represents Hollywood Presbyterian Medical Center in this case.]
Biancalana v. T. D. Service Company: When a trustee makes an error in the processing and announcement of a beneficiary’s “credit bid” during foreclosure proceedings on a deed of trust, and the trustee has not yet issued a trustee’s deed to the highest bidder at the foreclosure sale, does the trustee have the discretionary authority to set aside the foreclosure sale due to that error?
People v. Santana: Does CALCRIM No. 801, which defines the crime of mayhem, incorrectly require the People to prove that a defendant caused serious bodily injury to the victim?
Robey v. Superior Court: (1) Could police conduct a warrantless search of a package smelling of marijuana under a “plain smell” exception to the warrant requirement? (2) Could police conduct a warrantless search of the package because the mobility of the box created exigent circumstances even after an officer seized the package from a common carrier and held it at the police station?
People v. Nunez and Satele: [This is an automatic appeal from two September 2000 judgments of death. The court’s website does not list issues for such appeals.]
People v. Rountree: [This is an automatic appeal from an August 1995 judgment of death. The court’s website does not list issues for such appeals.]