Search for: "People v. Givens"
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8 Jun 2010, 12:06 pm
I‘ve never seen so many people so eager to get out of here. [read post]
5 May 2008, 3:21 pm
For reasons that are not at all surprising given both the nature of this institution as well as the facts underlying the sentence.This is not to assert, by the way, that the California Supreme Court in the post-Bird era is totally incapable of exercising detached legal judgment in death penalty cases. [read post]
19 Oct 2009, 1:18 pm
Given those facts, he could (and did) plausibly argue that his threats were no "so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat" as required by California law to support a criminal threat conviction.But then all I have to tell you are the background facts. [read post]
23 Mar 2012, 1:28 pm
Given those responses, there was no basis for a dismissal. [read post]
8 Aug 2012, 10:35 am
One in which a defendant was sentenced to six years in prison for "burglary" based upon his insertion of a key into another's residence, and the prosecution argued that he was guilty given the time-honored rule that any entry into a residence -- "however slight" and even by a tool (e.g., a key) -- resulted in criminal liability. [read post]
12 Aug 2009, 11:06 am
Is there any part of this guy's sentence, given the facts, that disturbs anyone? [read post]
29 Aug 2007, 1:17 pm
" Which was added by the Legislature specifically in response to a 2001 decision of the Court of Appeal that said that such items were not burglary tools under the statute.So, given that list, as well as the common understanding of what a burglary tool is, and in light of the ejusdem generis rule of construction, which of the following are burglary tools the possession of which are prohibited by Section 466 notwithstanding their failure to be specificially enumerated:(A) Box cutters. [read post]
15 Jun 2011, 4:53 am
I attended the oral argument in Sears v. [read post]
12 Mar 2010, 10:55 pm
Pedley v Director of Public Prosecutions 2010 (QBD) (Meaning of ‘Children’s Playground’) D breached a Sexual Offences Prevention Order by observing young people playing in a skate park. [read post]
5 Apr 2017, 10:58 pm
Last week I argued an important case, Mason v. [read post]
24 Aug 2017, 2:02 pm
Completely unsurprisingly given Harris’ concessions, the court dismissed the complaint due to Section 230. [read post]
20 Mar 2014, 9:17 am
Steel v. [read post]
21 Aug 2007, 12:50 pm
The Feb. 26, 2007 ruling of Bosnia and Herzegovina v. [read post]
22 Mar 2023, 12:48 pm
Villalba was not given awesome advice by his attorney with regard to the immigration consequences of the plea. [read post]
15 Dec 2010, 6:36 pm
MDY Industries, LLC v. [read post]
13 May 2013, 7:18 am
State v. [read post]
25 Mar 2021, 2:13 am
I bet that if he was released, and then ended up as a mass shooter, a ton of people would say: "It was so obvious! [read post]
20 Dec 2021, 2:19 pm
They still get convicted under the old, erroneous view given the exception for "reliance on precedent. [read post]
22 Jan 2025, 5:26 pm
. - You shouldn't be harassing people in the first place.)So I'm extraordinarily sympathetic with the result.But I actually think it's somewhat hard to actually get there given the actual law.Under the statute and caselaw, you get custody credits in situations like the one here if you're in a program in which you're required to "(1) remain[] within the interior premises of his or her residence during the hours designated by the correctional… [read post]
