At the Lectern

MAY 18, 2022

Some Courts of Appeal are returning to in-person arguments, but the Supreme Court’s June calendar, like all of its calendars since April 2020 , will be remote and based in San Francisco. (See Because the court does not conduct oral arguments during the summer, these will be the last arguments until September. Proc., § 425.16, subd. (e)(4))

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At the Lectern

JULY 23, 2021

The case involves Senate Bill 1437 , which narrowed murder liability under the felony murder theory and the natural and probable consequences doctrine. The court granted review in March 2020. When the court granted review in August 2020 , the case was titled Ducksworth v. See here.). Tri-Modal Distribution Services.

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At the Lectern

MARCH 17, 2021

Los Angeles County Employees Retirement Association , where, in a published opinion , the Second District, Division Four, Court of Appeal upheld as constitutional a provision of the Public Employees’ Pension Reform Act of 2013 that reduced retirement benefits because of a felony conviction. California Public Employees’ Retirement System.

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At the Lectern

JUNE 17, 2021

Esquivel today expands the number of convicted defendants who can take advantage of new statutes that reduce prison terms and that apply retroactively to non-final judgments. McKenzie (2020) 9 Cal.5th The court ruled similarly last year in People v. The court reverses the Second District, Division Five, Court of Appeal.

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At the Lectern

JANUARY 3, 2021

That 2018 legislation, which scales back the felony-murder rule and the “natural and probable consequences” doctrine, has been attacked by various district attorney’s around the state as an invalid amendment of several voter initiatives and as a violation of the separation of powers. Marquez (2020) 56 Cal.App.5th

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At the Lectern

MAY 4, 2022

Like all calendars since April 2020 , the late-May 2022 calendar will be remote and based in San Francisco. (See ” The court granted review — for a second time — in April 2020. The court granted review in August 2020. ” The court granted review in August 2020. Proc., § 425.16)? (2) & Prof.

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At the Lectern

MAY 19, 2022

Faial , apparently to decide just how retroactive is Assembly Bill 1950 , 2020 legislation that shortened the maximum probation time for many felonies to two years. The defendant claimed the statute violates the Second Amendment by restricting a nonviolent offender’s right to bear arms. Parole violations.

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R.

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At the Lectern

APRIL 28, 2021

Like all calendars since April 2020 , and for the foreseeable future, May’s arguments will be remote and based in San Francisco. (See The court granted review in February 2020. The court granted review in January 2020. The court granted review in March 2020. May is the only month with two oral argument sessions.

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The Crime Report

NOVEMBER 2, 2023

On Wednesday, Digmon was also charged with two felony counts of violating state ethics law for allegedly using her school board position to solicit a thing of value by selling more than $2,500 in advertisements to the board. ” Abuse of grand jury information is a felony under Alabama law.

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At the Lectern

MAY 13, 2021

Either way, the First District, Division Two, Court of Appeal held in a published opinion , a provision in the Act was constitutionally applied to require forfeiture of the plaintiff’s retirement benefits because of a felony conviction. Alameda County Employees’ Retirement A ssociation (2020) 9 Cal.5th

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Broadcast Law Blog

APRIL 3, 2022

For this action to be effective, the Senate would need to also vote on this bill to take the drug off Schedule I, which currently makes its possession and distribution (and the use of radio to promote it), a federal felony. Then the President would have to sign the bill.

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At the Lectern

APRIL 25, 2024

5th 209, where the Second District, Division Two, rejected an equal protection challenge to the scheme for ending the civil commitment of a person who has been declared incompetent to stand trial for certain felonies and who continues to pose a danger to others because of the person’s “developmental disability.”

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At the Lectern

MARCH 11, 2022

The Fourth District, Division Two, 2-1 unpublished opinion affirmed the denial of a petition for resentencing under Penal Code section 1170.91 (b), which applies to military service members or veterans who suffer from various traumas, mental health problems, or substance abuse and who are “currently serving a sentence for a felony conviction.”

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At the Lectern

NOVEMBER 24, 2021

SB 1437 was enacted in 2018 to limit criminal liability for felony murder or murder under the natural-and-probable-consequences doctrine. Gentile (2020) 10 Cal.5th See In re White (2020) 9 Cal.5th Duke back to the Court of Appeal for reconsideration in light of Senate Bill 775. See here.) Lopez case. (See See here.).

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The Crime Report

OCTOBER 5, 2021

Criminal law may have an important role to play in addressing gun violence [but] the criminal statutes that regulate gun possession risk reproducing the same systemic pathologies, collateral costs, and distributional inequities that have defined the War on Drugs,” he warned. The message is simple,” he said recently. “If

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At the Lectern

NOVEMBER 11, 2021

Four-justice separate statement, citing amicus letters, urges legislative action on vessel speed limit statute. ” The appellate court criticized a 2020 opinion by the Second District, Division Seven. Those, and other actions of note, were: Supreme Court will decide constitutionality of LGBT rights legislation.

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At the Lectern

APRIL 29, 2021

2020) 50 Cal.App.5th ” The Second District, Division Six, denied habeas relief in an unpublished opinion that expressly disagreed with a 2020 decision by the Second District, Division One ( People v. Offley (2020) 48 Cal.App.5th Division Six concluded an erroneous felony-murder instruction was harmless.

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At the Lectern

AUGUST 19, 2021

4th 522; In re Scoggins (2020) 9 Cal.5th ” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. Clark (2016) 63 Cal.4th ” There were 10 criminal case grant-and-holds : one more holding for People v.

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The Crime Report

MAY 16, 2022

In 2019, New York passed a bill eliminating both cash bail for most misdemeanors and non-violent felony offenses and judges’ discretion in setting bail amounts in those cases. By January 1 of 2020 that population had been reduced by 2,000 people all at once. percent of violent felony arrests were of suspects with open cases in 2019.

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At the Lectern

JUNE 10, 2024

3) Is it error to compel the City to comply with a statute that has been ruled unconstitutional by the United States Court of Appeals for the Ninth Circuit?” b)–(i), 1170.12) violate the separation of powers doctrine by requiring prosecutors to plead and prove prior qualifying felony convictions? (2) More about the case here and here.

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The Crime Report

MARCH 7, 2022

In Brooklyn, 30 out of 173 hate crime arrests led to hate crime convictions between 2015 and 2020, while the number was 15 out of 110 in Queens and 3 out of 30 in Staten Island. More than 60 crimes fall under the hate crime statute in New York, from simple menacing to possession of a biological weapon.

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At the Lectern

JULY 26, 2021

Lewis , the Supreme Court today gives already convicted defendants a better chance of getting relief under Senate Bill 1437 , 2018 legislation which narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine. The court’s opinion quotes that dissent several times.

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JURIST

FEBRUARY 15, 2023

A reasonable conclusion to draw from these textual features is that an affirmative act of government is required to restore what the government has taken away by its affirmative decision to prosecute and convict a person of a felony. This latest ruling is part of a wave of legislation and litigation surrounding felony disenfranchisement.

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SCOTUSBlog

APRIL 19, 2021

United States , holding that a conviction under the federal statute penalizing felons in possession of a firearm requires not only the defendant’s knowledge that he possessed a gun, but also that he knew he had the legal status of a convicted felon. 922(g) , the federal felon-in-possession statute.

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JURIST

MARCH 13, 2024

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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SCOTUSBlog

MAY 28, 2024

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. She argued that under the Supreme Court’s 2020 decision in Ramos v. Nike has denied any wrongdoing.

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SCOTUSBlog

MARCH 19, 2024

2020, alleging an elaborate scheme to retaliate against her for her criticism of the city’s manager by three individuals: Edward Trevino, the mayor; John Siemens, then the city’s police chief; and Alex Wright, a lawyer whom Siemens had appointed as a special detective to investigate Gonzalez.

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JonathanTurley

APRIL 7, 2023

Given Bragg’s failure to even state the key offense allowing him to bring these 34 felonies, Merchan should have scheduled a hearing on the threshold legal questions in two weeks — not schedule all motions to be heard in December. percent , in the 2020 presidential election. percent to 14.5 In 1878, in Reynolds v.

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The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. In 2020, while Black people made up 18% of New York’s population, they accounted for 78% of the state’s felony gun possession cases.

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The Crime Report

APRIL 4, 2023

Yet at the press conference and Q & A following the arraignment District Attorney Alvin Bragg told the world that the 34 felony charges brought against defendant Trump were nothing more than the Manhattan office engaging in its everyday prosecution of “bread and butter” white-collar crimes.

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The Crime Report

JUNE 27, 2022

So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. HB314 reinforced Alabama statute banning abortion that was never appealed after it was made unenforceable under Roe. Performing an abortion is a felony offense.

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JURIST

JULY 15, 2024

First, Smith was tasked with investigating whether Trump attempted to interfere with the 2020 election that ended his presidency, and the subsequent transfer of power to Biden. In May, he was convicted of 34 felony counts of falsifying business records. After careful study of this seminal issue, the answer is no.

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SCOTUSBlog

JANUARY 26, 2022

Share During a 2020 Democratic presidential primary debate, then-candidate Joe Biden pledged that, if elected, he would nominate a Black woman to serve on the U.S. In a November 2020 story for The Recorder, appellate lawyer Ben Feuer indicated that Kruger was “not looking to create radical change in the law emanating from the judicial branch.”

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