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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JonathanTurley

OCTOBER 6, 2022

PETA and other groups have called the activists “heroes” f or their actions but prosecutors are seeking convictions for felony burglary and theft charges. ” Like most states, California has codified the citizen arrest power. There is some variation in these laws but California has a classic provision.

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At the Lectern

MAY 18, 2022

Whether regulations that establish minimum conditions entitling California community college districts to receive state aid constitute a reimbursable state mandate within the meaning of article XIII B, section 6 of the California Constitution. California (1967) 386 U.S. Proc., § 425.16, subd. Watson (1956) 46 Cal.2d

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SCOTUSBlog

MARCH 30, 2022

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.

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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. (2) When does the right to appointed counsel arise under Penal Code section 1170.95, subdivision (c)?” The court granted review in March 2020.

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At the Lectern

MAY 19, 2022

The court issued writs of review in California-American Water Company v. 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. Water rates. Public Utilities Commission and Golden State Water Company v.

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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

SEPTEMBER 28, 2023

In an unpublished opinion , the Second District, Division One, Court of Appeal, ruled that retaliation claims by a city’s elected treasurer should have been dismissed under the anti-SLAPP statute. a)-(d)) and a prior serious felony conviction (Pen. 699), which modified the criminal street gang statute (Pen. 333 (Stats.

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At the Lectern

APRIL 28, 2022

No comparable statute exists for potential gravely disabled conservatees, but today’s opinion by Justice Carol Corrigan concludes that those potential conservatees are similarly situated with NGIs, and that constitutional equal protection principles thus require the government to “justify its differential treatment.”

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At the Lectern

JULY 29, 2021

The Supreme Court’s actions of note at its conference yesterday included: In California Medical Association v. Aetna Health of California, Inc. , Justice Leondra Kruger recorded a dissenting vote from the court’s denial of review in Ruegg & Ellsworth v.

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At the Lectern

APRIL 28, 2021

In cases where the statute of limitations is tolled, is the first day after tolling ends included or excluded in calculating whether an action is timely filed?” The case involves Senate Bill 1437 , which narrowed murder liability under the felony murder theory and the natural and probable consequences doctrine. ” Mendoza v.

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SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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At the Lectern

OCTOBER 24, 2024

It’s another resentencing case under Senate Bill 1437 , 2018 legislation that limited accomplice liability for felony murder and eliminated it for murder under the natural-and-probable-consequences doctrine. Americor Funding , an employment case, is another grant-and-hold for Hohenshelt v. ” Firearm enhancement habeas relief.

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At the Lectern

JANUARY 23, 2025

The defendant was sentenced over 40 years ago to life without parole for felony murder after a jury’s true finding of felony-murder special circumstances. The 2018 legislation narrowed felony murder liability and allows for resentencing. Curiel (2023) 15 Cal.5th 5th 433, 451-452.” ” (Link added.)

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At the Lectern

JUNE 17, 2022

” The dissenter said she was “confounded by [the superior court’s] failure to try more [felony trials for in-custody defendants] after fully reopening in June 2021.” ” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v.

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At the Lectern

OCTOBER 14, 2022

Assuring that “[t]he Goddess of justice is not wearing a black armband today weeping for the California Constitution,” a 2-1 Second District, Division Six, published opinion said “[i]t is our Constitutional obligation to affirm a judgment, where a more favorable outcome will not result upon reversal.”

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At the Lectern

AUGUST 19, 2021

A concurring opinion in Leon notes that the Ninth Circuit has relied on the Supreme Court decision to construe the immunity narrowly so that “the same issue of California law likely would be decided differently in a federal courthouse.” Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge.

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At the Lectern

FEBRUARY 18, 2025

State of California the court granted review inNovember 2021. 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? The court sent its oral argument letter in September. More about the case here. Taking Offense v. Home Depot U.S.A.

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At the Lectern

JULY 25, 2024

292, Division One said, “we note ‘California courts have uniformly come to the conclusion that Perkins [not Miranda ] controls when a suspect invokes his Miranda right to counsel but later speaks with someone he does not know is an agent of the police.’ Regents of the University of California (2024) 16 Cal.5th

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At the Lectern

MAY 4, 2022

Sony Music Entertainment : (1) Do representations a seller made about a creative product on the product packaging and in advertisements during an ongoing controversy constitute speech in connection with an issue of public interest within the meaning of the anti-SLAPP statute (Code of Civ. Proc., § 425.16)? (2) & Prof. 2002) 27 Cal.4th

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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 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.

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At the Lectern

APRIL 25, 2024

After its decision in California Cannabis Coalition v. Superior Court (see here ), which is expected to decide whether a forum selection clause is enforceable when a party’s right under California state law to a jury trial for their civil claims would not apply in the exclusive forum identified by the clause. subdivision (b)(13).

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JonathanTurley

OCTOBER 23, 2021

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.

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At the Lectern

OCTOBER 3, 2024

Ruling on a habeas corpus petition, the superior court struck firearms sentence enhancements based on the retroactive application of new legislation, but it declined to revisit the defendant’s convictions based on other new statutes, including Assembly Bill No. 333 , which narrowed criminal liability for gang-related activities.

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At the Lectern

JUNE 10, 2024

State of California — the court granted review in November 2021. 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?” California Capital Insurance Company v. There’s been no ruling on the motion. Taking Offense v.

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At the Lectern

APRIL 29, 2021

Division Six concluded an erroneous felony-murder instruction was harmless. ” (Emphasis added.) A divided unpublished Fifth District opinion affirmed convictions for lewd acts on a minor and found harmless the superior court’s mistaken interpretation of a sentencing statute. Offley (2020) 48 Cal.App.5th

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At the Lectern

APRIL 11, 2024

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.

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At the Lectern

SEPTEMBER 26, 2024

Section 1473(e) allows habeas petitions for violations of section 745 (a), which is part of California’s Racial Justice Act (see here ) and which provides, “The state shall not seek or obtain a criminal conviction or seek, obtain, or impose a sentence on the basis of race, ethnicity, or national origin.” Munoz and People v.

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” California Supreme Court Denied Petitions to Review Ruling That Upheld Cap-and-Trade Program.

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JURIST

JUNE 24, 2023

” The states of Texas and Louisiana originally filed their lawsuit against the federal government in 2021, saying: The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Such aliens belong in federal custody, as Congress required.

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SCOTUSBlog

MAY 28, 2021

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.

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The Crime Report

JANUARY 6, 2023

With the decriminalization of jaywalking in Nevada , Virginia and now California — the “ Freedom to Walk ” Act will take effect in Los Angeles in the new year — it appears that people understand this when it comes to jaywalking, but not when it comes to immigration. . When someone ‘jaywalks’ from the Mexican side of the border to the U.S.

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The Crime Report

OCTOBER 31, 2023

California is planning to add child sex trafficking to the list of those federal offenses eligible for longer prison sentences under the state’s “three strikes” law, despite protests from advocates who say that the statute has not improved crime rates and disproportionately hurts communities of color, Lindsay Holden reports for the Sacramento Bee.

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The Crime Report

SEPTEMBER 7, 2023

Between 1997 and 2016, Congress enacted eight additional sex offender-related statutes , all of which are designed to either enhance or improve the tracking of sex offenders of every stripe through registration. A few months later in 2007 Lane was arrested and charged with a third-degree felony for failure to register as a sex offender.

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At the Lectern

MARCH 11, 2022

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.

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At the Lectern

DECEMBER 14, 2023

Granting a two-day-late petition for review (related: Getting relief for a late petition for review might not be a hopeless cause ; and see here , here , and here ), the court also agreed to hear California Department of Corrections and Rehabilitation v. Board of Trustees of the California State University is a grant-and-hold for Stone v.

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JonathanTurley

AUGUST 8, 2024

The allegations of tax fraud in California are obvious and unavoidable. Many of us have also criticized Weiss for allowing the most serious tax charges to expire despite being able to extend the statute of limitations. Now, Biden is seeking to avoid conviction under the tax charges in California.

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