Search for: "People v. Givens"
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26 Aug 2020, 12:26 am
jamison-v. [read post]
2 Jun 2014, 2:11 pm
" That's self-defense, even though it's based upon a mistake of fact.You can see why we don't punish people for that. [read post]
12 Jun 2009, 9:58 pm
In a landmark decision the Supreme Court ruled that people accused of crimes had to be given their Constitutional rights upon arrest. [read post]
2 Dec 2014, 9:11 pm
Williams v. [read post]
22 Jan 2007, 11:50 pm
Even if it may well not be around all that long: given the significant sea change in California sentencing that it presages, I wouldn't be surprised if the California Supreme Court grants review -- or, perhaps more likely, depublishes the opinion (a distinct possibility given that Justice McAdams ends up affirming the sentence below on the ground that this particular defendant admitted the prior juvenile offense).Moreover, the timing was interesting: I doubt that Justice… [read post]
5 Jun 2012, 7:03 am
As Bushnell v. [read post]
13 Jan 2011, 10:07 am
You have to be a little, well, "different" when you threaten to kill people in an open and obvious way. [read post]
23 Mar 2007, 1:30 pm
And I'm sufficiently worried about convicting innocent people that this is a problem for me.Obviously one way to avoid this is simply not to let people defend themselves, and I think there's something to that -- even though there's a whole lot on the other side as well. [read post]
28 Apr 2023, 5:46 am
Given that SCOTUS nonetheless upheld the Travel Ban, does that mean that it or the Eleventh Circuit will also validate DeSantis's actions regarding Disney? [read post]
11 Jan 2012, 10:17 am
It's permissible for a trial judge to "indicate" a sentence in a given case. [read post]
12 Aug 2021, 2:44 pm
(See People v. [read post]
10 Jul 2024, 10:31 am
Justice Wiley seems right to me when he says that, under the statute, continuous sexual abuse of a child doesn't necessarily require an intent to sexually arose one's self, and that whatever the alleged flaws of the jury instruction given here, they don't really matter in this particular case, since the only alleged basis for defendant's digital penetration of this child was to "punish" her. [read post]
30 Apr 2020, 5:06 pm
He's confined to a wheelchair, has to wear a permanent hard cervical collar on his neck (given the cancer all in his spine), and his sister's willing to take care of him at her home in hospice care until he dies. [read post]
23 Mar 2020, 3:37 pm
Which is unusual, particularly given that the case went to trial and involves highly disturbing facts. [read post]
7 May 2021, 2:34 pm
Given that report, I'm glad the fire department showed up.Now, when he gets there, the fire captain sees no fire and no smoke. [read post]
5 Nov 2019, 2:27 pm
In which case, yeah, get it over with.Second, he might think (perhaps combined with the prior explanation) that given his time already served, the ultimate prison sentence won't matter much anyway. [read post]
20 Mar 2017, 11:28 am
Despite rising incarceration rates, the majority of known sex offenders at any given time are not in prison — and most sex offenders who are imprisoned will eventually be released. [read post]
18 Feb 2013, 11:44 am
It's not a very sympathetic case in which to make this claim, both given the nature of the offense and the evidence against her. [read post]
29 Oct 2018, 5:47 pm
Given that reality, if the California Supreme Court thinks that today's opinion probably got the merits right, you might just want to let the thing stand. [read post]
14 Oct 2020, 1:18 pm
(All for naught, I might add.)Given that you know that a criminal defendant has a right to appeal, maybe the prosecution putting in a little more effort below might make rational sense. [read post]
