The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Miranda Rights Eroded Again: Unusual Case All The Way Around.

December 28, 2015 by

Miranda rights

Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.

Filed Under: Appellate Law News, California Supreme Court Law News, Children Law News, Constitutional Law News, Criminal Law News, Fifth Amendment, Legal News Tagged With: § 12022.53(d), § 26, 16 L.Ed.2d 694, 188 Cal.Rptr.3d 171, 237 Cal.App.4th 517, 384 U.S. 436, 86 S.Ct. 1602, Pen.Code, Pen.Code § 12022.53(d), Pen.Code § 26, Penal Code, Penal Code section 12022.53 subdivision (d), Penal Code section 26, section 12022.53, section 26, subdivision (d)

The Morning-After Pill.

October 7, 2015 by

A Commission in the State of Washington regulates the practice of pharmacy. Violation of the Commission’s rules constitutes grounds for revocation of a pharmacy license. The rules require a pharmacist to deliver lawfully prescribed drugs or devices to patients, and a pharmacy objecting to the rules may not refer a patient to another pharmacy. The […]

Filed Under: Appellate Law News, Constitutional Law News, Equal Protection Law News, Health Care Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 794 F.3d 1064

Pork.

September 3, 2015 by

A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, First Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1023

All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.

August 19, 2015 by

Discrimination

A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, Employment Law News, Legal News Tagged With: 986 F.2d 1521

California Statute Violates The Dormant Commerce Clause.

August 3, 2015 by

The issue revolves around the dormant Commerce Clause, which is a limitation upon the power of the States to prohibit discrimination against interstate commerce. The statute involved is California’s Resale Royalty Act [Civil Code section 986(a)] which requires the seller of fine art to pay the artist a five percent royalty if the seller resides […]

Filed Under: Appellate Law News, Constitutional Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 784 F.3d 1320, Civ.Code § 986(a), Civil Code section 986(a)

No Anti-SLAPP Protection For Wrongful Execution Of Warrant.

July 23, 2015 by

Anti-SLAPP

Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors.  She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Civil Rights Law News, Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Legal News Tagged With: § 425.16, 186 Cal.Rptr.3d 286, 236 Cal.App.4th 79, CCP § 425.16, Civ.Proc., Civ.Proc. § 425.16, Code of Civil Procedure section 425.16

Racially Profiling Hispanics Again!

July 21, 2015 by

Profiling

The background involves allegations the Maricopa County, Arizona Sheriff Joseph M. Arpaio’s police force has a custom, policy and practice of racially profiling Latino drivers and passengers, and of stopping them pretextually under the auspices of enforcing federal and state immigration-related laws, resulting in longer and more burdensome detentions for Latinos than for non-Latinos in […]

Filed Under: Civil Rights Law News, Constitutional Law News, Discrimination Law News, Legal News Tagged With: 784 F.3d 1254

Dog Sniffs Car Stopped For Traffic Violation.

June 30, 2015 by

In Illinois v. Caballes (2005) 543 U.S. 405, [125 S.Ct. 834, 160 L.Ed.2d 842], a state trooper stopped a man for speeding. A drug officer heard about the stop over the police radio and went to the location with a drug-sniffing dog. While the man sat in the trooper’s car as the trooper wrote out […]

Filed Under: Civil Rights Law News, Constitutional Law News, Fourth Amendment Law News, Government Law News, Legal News, U.S. Supreme Court

Fee Dispute Not Elevated To The Constitutional Arena.

March 5, 2015 by Leave a Comment

Both parties are lawyers.  The defendant first represented a man in a personal injury lawsuit. When defendant withdrew from representation, plaintiff represented the man. Defendant asserted an attorney fee lien, informing one of the insurers in the personal injury case that any payment of funds was subject to a lien for defendant’s fees. Plaintiff negotiated […]

Filed Under: Anti-SLAPP Law News, Constitutional Law News, Legal News

Same Pornographic Story; Different Twist.

December 30, 2014 by Leave a Comment

Pornographic

A man brought his computer in for servicing, and the repairman viewed what appeared to him “to be underage girls engaged in sexual activity.” He called the police. The responding officer indicated the images the repairman saw did not appear to be pornographic, but asked the repairman to search the rest of the computer. The […]

Filed Under: Appellate Law News, Children Law News, Constitutional Law News, Criminal Law News, Fourth Amendment Law News, Law Enforcement Law News, Legal News, Procedural Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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10.0Mark Albert Mellor

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