Div. One of this district’s Court of Appeal has affirmed an order denying a petition for resentencing filed by a man who aided in an attempted robbery during which a co-conspirator fatally shot an off-duty deputy, with the justices rejecting the contention that the decedent did not qualify as a “peace officer”—for purposes of a statutory carve-out to the legislation virtually abolishing the felony-murder rule—because she served in a custodial assignment.

(Subscription required) After helping decide how many judges San Diego's civil courts needed, former Presiding Judge Michael T. Smyth now handles a 1,400-case calendar and concedes he underestimated the workload. 

(Subscription required) Chief Judges Mary H. Murguia and Yvonne Gonzalez Rogers reflected on being the first Latinas in their roles and urged younger lawyers to make sure others follow them. Murguia and Gonzalez Rogers appeared before a nearly full ceremonial courtroom at the Phillip Burton Federal Building and United States Courthouse in San Francisco. 

(Subscription required) A 9th U.S. Circuit Court of Appeals panel on Monday revived antirust claims against Align Technology Inc., the maker of dental aligner Invisalign, over allegations that the company illegally refused to deal with a competitor. The per curiam opinion does not decide if the plaintiffs should prevail but sent Section 2 Sherman Act claims back to a San Francisco district judge to have cases filed by dentists and consumers decided by him.