Remove California Remove Felony Remove Litigating Remove Statute
article thumbnail

The Supreme Court doesn’t decide all important issues

At the Lectern

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

Court 49
article thumbnail

Supreme Court grants review in one bail denial case, orders an OSC in another

At the Lectern

California Mutual Insurance Company , which, according to the published opinion of the Fourth District, Division One, “present[ed] an issue of first impression for a California appellate court: does a commercial property insurance policy provide coverage for a business’s lost income due to the COVID-19 pandemic? Covid insurance.

Court 53
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Four straight grants of review at Wednesday’s conference

At the Lectern

Four-justice separate statement, citing amicus letters, urges legislative action on vessel speed limit statute. The appellate court did not reach the underlying merits, which concern whether a loan to finance a probate lawsuit was a commercial loan or was governed by the California Financing Law applicable to consumer loans.

Finance 49
article thumbnail

Solar energy, civil sexual assault cases to be decided

At the Lectern

It concerns what the First District, Division Three, Court of Appeal described in its published opinion as a change to California’s decades-long “net energy metering. The court will hear the big-deal case of Center for Biological Diversity v. Public Utilities Commission. ” Lawsuit dismissal and res judicata.

Court 45
article thumbnail

A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. Issue : Whether the statute of limitations for a 42 U.S.C. Goertz , 21-442.

article thumbnail

“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action

JonathanTurley

Many of the crew were from California but the set is in New Mexico. The California code contains an ample criminal negligence or manslaughter provision: PART 1. This incident could well prove a violation of a statute or regulation making the act “negligent per se.” Walgreen Hastings Co., Legg, 441 P.2d 2d 912 (Cal.

Tort 38
article thumbnail

First Amendment questions and California arbitration battles

SCOTUSBlog

Next, we explore the bounds of the Federal Arbitration Act, with a pair of petitions arguing that California’s efforts to restrict arbitration agreements undermine federal law. Rollins challenges a Massachusetts law that makes it a felony to secretly record the speech of anyone other than a law enforcement officer, irrespective of motive.

Felony 133