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. In People v.

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At the Lectern

MAY 4, 2023

” The court’s unanimous opinion by Justice Goodwin Liu notes that since enactment of the statute (Welfare and Institutions Code section 702), “we have thrice remanded for further proceedings to remedy noncompliance with its express declaration requirement.” In In re F.M. , ” It does so for a fourth time in F.M.

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At the Lectern

SEPTEMBER 18, 2024

The Supreme Court today announced it will hear just four arguments in October. On Wednesday, October 9, in Fresno, the court will hear the following cases (with the issue or issues presented as summarized by court staff or limited by the court itself ): Capito v. The court granted review in July 2023.

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At the Lectern

NOVEMBER 22, 2023

Here are some actions of note at yesterday’s relatively light pre-Thanksgiving Supreme Court conference , the only conference of the year held on a Tuesday : Intra-division split on criminal appellate procedure. The court granted review in People v. and shows the continued disagreement in that court on the issue.

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At the Lectern

DECEMBER 11, 2024

Tomorrow morning, the Supreme Court will file its opinion in People v. Superior Court (Mitchell). 2) If the temporary stay issued by the Court of Appeal had not expired at the time of defendant’s guilty plea, what was the effect, if any, of the stay on the resolution of defendant’s criminal proceedings?”

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