At the Lectern

DECEMBER 13, 2024

Superior Court (Mitchell) , the Supreme Court yesterday held that a superior court exceeded its jurisdiction in reducing a charged felony to a misdemeanor after a preliminary hearing and before sentencing. In general, an appeal stays the challenged trial court decision, but a writ petition does not.

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Broadcast Law Blog

JANUARY 22, 2010

The Supreme Court Decision in Citizens United v. Because the station cannot censor the candidate ad (except in the exceptionally rare situation where the airing of the ad might violate a Federal felony statute), the broadcaster has no liability for the contents of the ad.

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At the Lectern

JUNE 17, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Supreme Court will answer Ninth Circuit products failure-to-warn questions Justice Liu separate statements on parole, sentencing rights. The court granted review in Meinhardt v. The court denied review in Crenshaw Subway Coalition v.

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At the Lectern

AUGUST 19, 2021

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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At the Lectern

MARCH 13, 2024

’ ” The court agreed to hear People v. The defendant had 10 years earlier unsuccessfully sought relief from his sentence under Proposition 36, the Three Strikes Reform Act of 2012; unsuccessful because the superior court found resentencing would pose an unreasonable risk of danger to public safety. Scott (2015) 61 Cal.4th

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JonathanTurley

NOVEMBER 22, 2022

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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At the Lectern

NOVEMBER 24, 2021

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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SCOTUSBlog

APRIL 26, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. A short explanation of relists is available here.

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ClimateChange-ClimateLaw

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. DECISIONS AND SETTLEMENTS. FEATURED CASE. A divided D.C.

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SCOTUSBlog

NOVEMBER 27, 2023

At the same time, the jury found McElrath guilty but mentally ill on charges of felony murder (for felonies that result in a death, even if the defendant did not actually kill anyone) and aggravated assault. Because that is what happened here, he says, the decision of the Georgia Supreme Court should be reversed.

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JURIST

JUNE 24, 2024

The US Supreme Court announced Monday it will review the legality of state efforts to ban gender-affirming medical care for minors — a contentious issue in a nation deeply divided over transgender rights and the role of medical intervention in youth gender identity. In November, the plaintiffs appealed to the Supreme Court.

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The Crime Report

NOVEMBER 2, 2023

An increasing number of Americans now believe US Supreme Court decision-making is based more on political ideology than the rule of law. Evidence that this disturbing trend is true can be found when taking a closer look at the shift in how the Court has dealt with juvenile cases dating back to 2005.

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The Crime Report

OCTOBER 6, 2021

Newsom also signed legislation expanding on a 2019 law that limited the use of the felony murder rule, which previously allowed accomplices in felonies to be convicted of murder if someone died.

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The Crime Report

DECEMBER 8, 2022

A three-judge panel of the North Carolina Court of Appeals published a pair of opinions Tuesday holding that two people can be charged with murder for brutalizing a child 25 years ago — even though they had already been convicted of child abuse for the same act of violence in the late ‘90s. State courts have taken up this issue before.

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SCOTUSBlog

OCTOBER 14, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether those officers are entitled to qualified immunity. A list of all petitions we’re watching is available here.

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Constitutional Law Reporter

APRIL 30, 2024

Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To The Georgia courts rejected that argument, and McElrath appealed to the U.S.

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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SCOTUSBlog

MAY 28, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the scope of the First Amendment — specifically, whether a law forbidding clandestine recordings is overbroad and whether a state may require individuals to carry identification cards labeled “SEX OFFENDER.” In Louisiana v.

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At the Lectern

APRIL 6, 2023

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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At the Lectern

OCTOBER 11, 2023

At the Supreme Court’s conference today, a double one, there were no straight grants , but there were actions of note, including: Reproductive rights legislation. The court granted review in People v. There were eight criminal case grant-and-holds : three more waiting for a decision in People v.

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The Crime Report

APRIL 6, 2022

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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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order. Lane did not keep the appointment.

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JURIST

FEBRUARY 5, 2022

The bill comes amidst the much-anticipated Supreme Court decision on Mississippi’s abortion law, which has the potential to drastically transform abortion rights in the US. An Arizona Senate committee Thursday voted in favor of a bill that prohibits abortions after 15 weeks of pregnancy.

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SCOTUSBlog

MAY 31, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. A short explanation of relists is available here.

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The Crime Report

JUNE 27, 2022

Some of these states had inactive preexisting laws banning abortion that have returned to effect in the wake of Roe, while others intentional passed “trigger laws” with language enacting their provisions the moment a court decision overturning Roe or an amendment or legislation codifying a state’s right to restrict abortion went into effect.

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JonathanTurley

NOVEMBER 25, 2020

The decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. Indeed, the only thing lacking from the 2-1 decision is a mailing label directly to Justice Amy Coney Barrett. Sims, 377 U.S. 533, 555 (1964) (“The right to vote.

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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. 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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The Crime Report

JUNE 24, 2022

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v. It’s reprehensible.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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At the Lectern

APRIL 3, 2025

And, sure enough, at two consecutive December conferences, the court took on nine new cases. In the more than three months since that December spree, however, the court has straight granted a total of only four cases, the last one coming at the end of February. The court granted review in York v. Superior Court.

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SCOTUSBlog

FEBRUARY 20, 2025

Ames sued and brought her case to the Supreme Court. On Wednesday, the justices will hear oral arguments on whether a federal appeals court improperly required her to meet a more stringent standard for her case to go forward than if she had been a member of a minority group for example, if she had been a lesbian.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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JURIST

JULY 15, 2024

A US federal court on Monday dismissed all charges against Donald Trump in a case alleging the former president mishandled classified documents after leaving office. In May, he was convicted of 34 felony counts of falsifying business records. US law does not prevent a convicted felon from holding the nation’s highest office.

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The Estrin Report

MARCH 16, 2025

Judicial Appointments A significant reshaping of the judiciary, particularly to the Supreme Court and federal appellate courts, has reshaped the judiciary. They know their rights, and fight battles in their home court in front of judges, also lawyers. Some stay quiet out of fear of retribution, but many are fighters.

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