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18 Nov 2015, 1:43 pm
., where defendant agreed to plead guilty to X offense, in return for Y sentence, but now seeks relief (as authorized by Proposition 47) to reduce the X offense to a misdemeanor and hence only have to serve a sentence of less-than-Y.So does the passage of Proposition 47 allow the prosecution to retroactively withdraw from the plea agreement, even after the defendant has (as here) served years in prison, or do we assume that both parties (the prosecution and the defense) are bound because… [read post]
21 Jun 2018, 2:14 pm
., a convicted felon, and his friend, Michael Saavedra, conspired to commit murder against Rene Perez, and his sonin-law, Alvino Barrera. [read post]
31 Aug 2020, 1:41 pm
"Proof positive that the more things change (in the law and otherwise), the more they stay the same.The Court of Appeal reverses the conviction on the ground that Mr. [read post]
16 Jul 2015, 4:35 pm
The Court of Appeal affirms.The best case for the plaintiff was probably a Ninth Circuit case, applying California law, that held that the United States was liable for the sexual assault by an immigration officer on an applicant for asylum. [read post]
1 Mar 2016, 1:26 pm
I didn't think about this.Prop. 47 was passed to ameliorate the harsh consequences of the three strikes law for nonviolent offenders. [read post]
27 Aug 2020, 2:35 pm
Every time I look in more depth into the backstory of today's opinion by the California Supreme Court things seems to get curiouser and curiouser.The question presented is whether Norma and James Gund were engaged in "active law enforcement" when they responded to a request by the Trinity County Sheriff's Department to check up on their rural neighbor after the neighbor made a 911 call in which she whispered "Help me. [read post]
30 Jun 2014, 10:11 am
., to be the dean of a public law school.It's a really great opinion. [read post]
29 Jan 2022, 9:33 am
One thing we teach students in Constitutional Law is that it's really, really hard to win an equal protection challenge to a statute if the underlying legal standard is rational basis review. [read post]
10 Jul 2023, 12:47 pm
And if the law says that the trial court has to review them first before the defense can see them, well, then, that's what you gotta do. [read post]
7 Sep 2022, 6:54 pm
(Cal. [read post]
29 Jun 2018, 7:53 am
Health care fraud, also known as medical insurance billing fraud, health insurance fraud, Medicare fraud, Medi-Cal fraud, or HMO fraud, takes the form of many different types of improper and illegal actions. [read post]
13 Aug 2023, 12:32 pm
Suggs (Cal. [read post]
15 Apr 2010, 11:24 am
The 9th holds that carjacking under Cal. [read post]
12 Jan 2011, 10:13 am
(Cal. [read post]
13 Aug 2019, 5:20 pm
B290563) ___Cal.App.5th___ [2019 Cal. [read post]
3 Dec 2015, 3:30 am
Cal. [read post]
24 Sep 2009, 6:05 am
Cal., No. 5:08-cv-3845, 9/18/09). [read post]
8 May 2022, 12:25 pm
Padilla-Martel (Cal. [read post]
4 Jan 2011, 11:59 am
He contends that this violated his rights under the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution and under California state law. [read post]
25 Apr 2021, 1:22 pm
Secrease (Cal. [read post]
