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  Thursday, December 27, 2018  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Civil Procedure
Federal Rule of Appellate Procedure 4(a)(4) does not consider the propriety of a post-judgment motion. Federal Rule of Civil Procedure 6(a) governs the calculation of the Federal Arbitration Act's three-month filing deadline under 9 U.S.C. Sec. 12.

Stevens v. Jiffy Lube International - filed Dec. 27, 2018
Cite as 2018 S.O.S. 17-15965
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Order
Cornejo-Villagrana v. Whitaker - filed Dec. 27, 2018
Cite as 2018 S.O.S. 13-72185
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Order
Wadsworth v. United States - filed Dec. 27, 2018
Cite as 2018 S.O.S. 17-35805
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
A trial court did not abuse its discretion in barring a defendant from trial based on his repeated efforts to disrupt the courtroom proceedings and physical assault of his attorney. The defendant had no statutory or constitutional right to an estimate of how long he might be barred from the courtroom if his misconduct were to escalate. A defendant's misconduct can result in the forfeiture of his right to testify.

People v. Johnson - filed Dec. 27, 2018
Cite as 2018 S.O.S. 6187
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Criminal Law and Procedure
For an object to qualify as a deadly weapon based on how it was used, the defendant must have used the object in a manner not only capable of producing but also likely to produce death or great bodily injury. The extent of any damage done to the object and the extent of any bodily injuries caused by the object are appropriate considerations in the fact-specific inquiry required by Penal Code Sec. 245(a)(1), but speculation without record support as to how the object could have been used or what injury might have been inflicted if the object had been used differently is not appropriate.

In re B.M. - filed Dec. 27, 2018
Cite as 2018 S.O.S. 6206
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CALIFORNIA COURT OF APPEAL
Family Law
A mother lacked standing to challenge her child's removal from his previous caretakers and placement with the caretakers of the child's siblings for tribal customary adoption since the mother's reunification services had been terminated, the child's placement did not affect the mother's interest in reunification, and tribal customary adoption had already been selected as the permanent plan. An award of full faith and credit to a tribal customary adoption order is not the equivalent of a final adoption order.

In re J.Y. - filed Dec. 26, 2018, Third District
Cite as 2018 S.O.S. 6211
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