eBriefs June 12, 2019



Ninth U.S. Circuit Court of Appeals

Criminal Law and Procedure

A bank robber’s inadvertent placement of a closed pocket knife on the bank’s counter while pulling a plastic bag out of his pocket was not the use of a dangerous weapon for purposes of 18 U.S.C. §2113(d).

United States v. Bain; filed June 11, 2019


Cite as 2019 S.O.S. 17-10107


California Court of Appeal

Employment Law

A prosecutor established a viable claim that he engaged in a protected activity for purposes of Labor Code §1102.5 where he showed that he disclosed information to people with authority over him which he reasonably believed disclosed a violation of or noncompliance with federal and state law applicable to criminal prosecutions and prosecutors; while the plaintiff did not expressly state in his disclosures that he believed the county was violating or not complying with a specific state or federal law, §1102.5 does not require such an express statement. A plaintiff arguably has a physical impairment that limited the major life activity of working where it required him to be absent from work periodically over several months to travel to an out-of-state clinic for medical testing.

Ross v. County of Riverside; Fourth District, Div. One; filed May 20, 2019, publication ordered June 10, 2019


Cite as 2019 S.O.S. 2677


Trusts and Estates

A probate court did not abuse its discretion in removing the personal representative of an estate who had resisted prior instructions to sell real property, acted in bad faith and was not an impartial fiduciary.

Estate of Sapp; Fourth District, Div. Two; filed June 11, 2019


Cite as 2019 S.O.S. 2683