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This time doing a harmless-error analysis itself, Supreme Court vacates murder conviction because of prejudicial instruction

At the Lectern

In In re Ferrell , the Supreme Court today grants habeas corpus relief to a petitioner convicted of second degree murder because an error in permitting the conviction to be based on an invalid felony-murder theory was not harmless. Today, the court does the evaluation itself. Offley (2020) 48 Cal.App.5th

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Supreme Court will decide parole eligibility issue for young-adult offenders

At the Lectern

Yesterday’s Supreme Court conference , a double one, was one of several firsts: the first conference of 2023, the first with Patricia Guerrero as chief justice, and the first for new Justice Kelli Evans. Conference actions of note included: Supreme Court accepts Ninth Circuit jail employment case. Parole eligibility.

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Supreme Court to decide police immunity issue highlighted by law review article authored by now Court of Appeal justice

At the Lectern

Actions of note at yesterday’s Supreme Court conference included: Supreme Court rejects challenge to continuation of Governor’s emergency declaration. The court granted review in Leon v. ” The court depublished the opinion of the Second District, Division Eight, in People v. .” discovery case.

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SB 775 causes another case dump

At the Lectern

But new legislation regarding criminal liability for murder continued to impact the court’s docket. Conference actions of note included: Supreme Court allows Governor to commute third-strike sentence. After granting review and full briefing, the court transferred People v. The court denied review in People v.

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Supreme Court Takes Jack Daniels Trademark Case with Major Free Speech Implications

JonathanTurley

Image from Supreme Court Petition. Now the Court has accepted a different parody case involving Jack Daniels where the company is suing the maker of dog chew toys. He was charged (and later acquitted) of a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. 2d 341 (9th Cir.

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Supreme Court takes Clean Water Act case

SCOTUSBlog

And over a dissent by Justice Neil Gorsuch, the justices declined to decide whether the Constitution guarantees the right to a trial by a 12-person jury when the defendant is charged with a felony. As the case comes to the Supreme Court, Medrano contended that the use of his statements violated his rights under Miranda v.

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Conservative States Gain Ground in Effort to Criminalize Abortion

The Crime Report

The Oklahoma House has voted overwhelmingly for a Republican-sponsored bill that would make performing an abortion a felony punishable by up to 10 years in prison and a $100,000 fine, with the only exception being if the life of the mother is in danger, reports the Washington Post.

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