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Supreme Court will answer teed-up bail questions and decide felony-murder resentencing issue; it depublishes arbitration opinion

At the Lectern

Division Three disagreed with the Second District, Division Seven, opinion in In re Brown (2022) 76 Cal.App.5th The court granted the Attorney General’s petition for review in People v. Moriana (2022) 596 U.S. __, __ [142 S.Ct. 15, 2022, No. Resentencing. PAGA arbitration. Uber Technologies, Inc. ,

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Scolding the Legislature for lack of clarity, Supreme Court rules statute can retroactively reduce probation without negating plea deal

At the Lectern

Everyone is on the same page on the retroactivity issue — the defendant, the Attorney General, and the court’s unanimous opinion by Justice Carol Corrigan. Scarano (2022) 74 Cal.App.5th In People v. Stamps (2020) 9 Cal.5th Stamps (2020) 9 Cal.5th Scarano is a grant-and-hold for today’s Prudholme opinion.

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Supreme Court to Clarify What Constitutes Identity Theft

Constitutional Law Reporter

The Supreme Court granted certiorari on November 22, 2022. The justices agreed to consider “whether a person commits aggravated identity theft any time he mentions or otherwise recites someone else’s name while committing a predicate offense.”.

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Supreme Court will resolve conflict about co-tenancy leasing requirements (and about punctuation?)

At the Lectern

Tran (2022) 13 Cal.5th Tran (2022) 13 Cal.5th The Sixth District’s 2-1 published Burgos opinion held the statute is retroactive and reversed second degree robbery convictions. The dissent claimed “section 1109 is not an ameliorative statute. Superior Court (2000) 80 Cal.App.4th People v.

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Opponents of Bail Reform Rely on ‘Fear Tactics,’ Conference Told  

The Crime Report

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. And as of March 14, 2022, there were 4,682 people waiting for their trials in New York City jails. That is what is happening.”. percent of total arrests and 20.2

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

At the Lectern

Attorney fees. includes attorney fees. ” The majority held the statute doesn’t apply to “plea agreements with a stipulated prison term.” The court got rid of 10 criminal case grant-and-holds: seven cases that had been waiting for the January decision in In re Mohammad (2022) 12 Cal.5th

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Two separate statements accompany denial of review of domestic violence victim’s murder conviction

At the Lectern

She sought resentencing under 2018 legislation — Senate Bill 1437 — that narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine. Strong (2022) 13 Cal.5th 5th 698 (see here ); People v. Lewis (2021) 11 Cal.5th 5th 952 (see here ).)

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