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

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

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

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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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

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

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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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

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

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

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

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

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

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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The Crime Report

MAY 26, 2021

Heldman focused on one of the nation’s most ambitious juvenile justice measures, a bill signed into law by California Gov. Although the juvenile crime rate dropped in the 1990s, a push for reform didn’t come until 2004, with a case adjudicated in the California Supreme Court. if states are willing to take the plunge.

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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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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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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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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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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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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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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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SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. California Coastal Commission and Dolan 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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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

MAY 4, 2022

A 2013 study that examined 413 civil and criminal cases brought forward after Roe found that Black women were “significantly more likely to be arrested, reported to state authorities by hospital staff, and subjected to felony charges,” according to VICE News.

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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

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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SCOTUSBlog

APRIL 26, 2021

In 1991, he received a felony conviction for driving under the influence under California law and completed his sentence. The government alleged that he was removable, despite having a green card, because it believed that his 1991 DUI constituted an “aggravated felony” under the immigration laws.

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JonathanTurley

JUNE 9, 2023

for shipping undocumented migrants to California. It is a curious call for a governor to make after he ran ads in Florida calling on people to “join us in California.” came across as the ultimate example of California dreaming, as Newsom and a chorus of politicians and pundits called for Gov. Ron DeSantis (R.,

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Laws Misdemeanor Attorney Felony 38

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. 97182-0 (Wash.

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ClimateChange-ClimateLaw

MARCH 6, 2018

The federal district court for the Northern District of California denied Oakland’s and San Francisco’s motions to remand their climate change public nuisance lawsuits against five major fossil fuel producers to state court. People of State of California v. California Federal Court Upheld Environmental Law Waivers for Border Wall.

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The Crime Report

JUNE 24, 2022

Seven other states require a “good cause or special need” to carry a concealed gun in public under statutes like the New York law that are now at risk. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

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JonathanTurley

NOVEMBER 14, 2023

Indeed, the Statute of Winchester states that citizens should “follow them with all the town and the towns near, with hue and cry from town to town until that they be taken and delivered to the sheriff.” ” The right still exists for any felonies (or certain misdemeanors committed in the presence of the citizen).

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JonathanTurley

MARCH 18, 2024

In New York, the legislature changed the statute of limitations to allow Trump to be sued while New York Attorney General Letitia James effectively ran on a pledge of selectively prosecuting him. In California, U.S. She never specified any particular crime, just promising to bag Trump. Consider a few other recent cases.

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SCOTUSBlog

JANUARY 26, 2022

With Justice Stephen Breyer expected to retire at the end of this term , California Supreme Court Justice Leondra Kruger is one of the frontrunners to succeed him. A native of southern California, Kruger is the daughter of two physicians. An “out of the box” pick for the California Supreme Court. Supreme Court.

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