Dale S. Fischer

Cerda v. HEDGPETCH, KERN STATE PRISON

District Court, C.D. California · 2010-10-05 · cited 1×

This case involves a habeas corpus petition filed by a state prisoner challenging his 2005 guilty plea to drug possession charges on the ground of ineffective assistance of counsel. The petitioner contended that his appointed attorney failed to adequately investigate whether a 1993 prior conviction qualified as a strike under California's Three Strikes law, which affected the terms of the plea offer involving either Proposition 36 drug treatment or a six-year prison term. The magistrate judge's report found that counsel's performance was deficient because he did not independently research the legal status of the prior conviction or the admissibility of the preliminary hearing transcript to prove great bodily injury. The district court conducted a de novo review of the objected-to portions and adopted the magistrate judge's findings of fact, conclusions of law, and recommendations in full.

criminal lawprocedure

Endsley v. Luna

District Court, C.D. California · 2010-08-05 · cited 13×

The case involved a plaintiff committed to Patton State Hospital after being found not guilty by reason of insanity on a murder charge, who sued multiple hospital employees in their individual capacities under 42 U.S.C. § 1983 and state tort law. He alleged improper modifications to his treatment plan, implementation of Mall Treatment protocols, use of physical force, deprivation of personal property, and other practices such as forced wakefulness and overcrowding in a refusal room. The district court adopted the magistrate judge's report and recommendations in full, denying the plaintiff's motion for partial summary judgment and granting summary judgment to the defendants on all claims. The court dismissed the federal claims, state law claims with prejudice, and requests for injunctive and declaratory relief as moot following the plaintiff's transfer to another facility. The core reasoning was that the plaintiff failed to raise genuine issues of material fact supporting his allegations and had not complied with procedural requirements such as the California Tort Claims Act.

civil rightshealthcarecriminal law

Super-Krete International, Inc. v. Sadleir

District Court, C.D. California · 2010-04-22 · cited 7×

Sacks v. Standard Insurance

District Court, C.D. California · 2009-11-30 · cited 2×

Calderon v. Sisto

District Court, C.D. California · 2009-04-06

White v. Ollison

District Court, C.D. California · 2008-12-12 · cited 3×

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Decision record

Dale S. Fischer

Affiliations

Decision record