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Superior Court rules Arbery’s mental health records can’t be used at trial

JURIST

The defendants, Travis McMichael, Gregory McMichael, and William Bryan, chased Arbery in a pickup truck and fatally shot him in February 2020 while Arbery was running on a public street in a Georgia neighborhood. The defendants face charges of felony murder and false imprisonment. Arbery was unarmed.

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Supreme Court will answer teed-up bail questions and decide felony-murder resentencing issue; it depublishes arbitration opinion

At the Lectern

The court granted the Attorney General’s petition for review in People v. Howard (2020) 50 Cal.App.5th The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. Uber Technologies, Inc. , Romero (1994) 8 Cal.4th

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Scolding the Legislature for lack of clarity, Supreme Court rules statute can retroactively reduce probation without negating plea deal

At the Lectern

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. Stamps (2020) 9 Cal.5th In People v.

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Supreme Court broadens retroactivity of punishment-reduction laws

At the Lectern

The court’s unanimous opinion by Chief Justice Tani Cantil-Sakauye holds to be not final, and thus eligible for resentencing, “ a case in which a defendant is placed on probation with execution of an impose d state prison sentence suspended. The court ruled similarly last year in People v. McKenzie (2020) 9 Cal.5th

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Supreme Court will hear case about public entity liability for dangerous property conditions

At the Lectern

The court denied two defendants’ petitions for review in People v. The court asked counsel in People v. Esquivel to address at oral argument in two weeks “the issue described in this court’s August 12, 2020 order granting review, not the remedy, if any, to which defendant may be entitled if the judgment is nonfinal.”

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International arbitration, McGirt retroactivity, and anti-discrimination laws

SCOTUSBlog

Oklahoma , the Supreme Court ruled that the eastern half of Oklahoma remains “Indian country” for purposes of the Major Crimes Act , meaning that the federal government, not the state, has authority for prosecuting Native Americans for major crimes committed on reservations. Court of Appeals for the 10th Circuit upheld the CADA.

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Georgia judge drops several charges pending against Trump in election interference case

JURIST

In August, Trump was indicted , accused along with several co-defendants of having orchestrated a racketeering scheme aimed at intentionally altering the results in Georgia of the 2020 US presidential elections. Kimbrough, 300 Ga.

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