At the Lectern
MARCH 28, 2024
A concurring justice asserted that “statistical evidence can be sufficient on its own to make a prima facie case.” The defendant claimed in his writ petition that the prosecution violated the RJA by seeking the death penalty against him. ” Arbitration unconscionability. The court also declined to hear Haydon v.
Patently O
FEBRUARY 27, 2024
Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. Cautioning against: “references to ‘common sense’ without any support.”
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
JURIST
JULY 28, 2021
In this case, the trial court neither held a hearing nor appointed counsel and summarily denied Lewis’s petition stating “Lewis did not make a prima facie case for resentencing under Senate Bill 1437 because … he ‘would still be found guilty with a valid theory of first degree murder.'”
At the Lectern
JULY 1, 2021
and California Supreme Court decisions holding it unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors. The superior court ruled the defendant had not made even a prima facie case of discrimination and thus did not require the prosecutor to justify his challenge.
Patently O
MARCH 31, 2024
Attorneys from each side will typically propose specific instructions and object to those they believe are incorrect or incomplete. I.e. , if the evidence presenting a prima facie case of obviousness is overwhelming, an appellate court might conclude that a jury instruction omitting some objective indicia was harmless error.
Patently O
DECEMBER 4, 2023
seeking to set aside a district court discovery order piercing attorney-client privilege. After reviewing documents in camera, the district court granted in part Dorel’s motion to compel production of certain Cozy documents listed as privileged on the basis that the crime-fraud exception to attorney-client privilege applied.
At the Lectern
AUGUST 25, 2022
The defendant argued unsuccessfully that the inconsistent positions required disqualification of the district attorney’s office and that the inconsistency, which was not disclosed to the jury, deprived him of a fair penalty phase verdict. The court concluded, “The evidence was ambiguous as to the shooter’s identity. .”
Expert insights. Personalized for you.
45 
Let's personalize your content