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27 Dec 2013, 2:59 pm by Charon QC
I have had the pleasure of meeting people who do daft things after a good shot of coffee. [read post]
31 Jul 2017, 1:05 am
 The dissent is quite lengthy as well.I'll let the introduction to the dissent set up the issue:"The relevant facts from trial span a mere three and a half pages of transcript, from which we can glean only that the court allowed an 18-year-old witness—who already had a support person—to testify behind a monitor that entirely blocked defendant’s view of her and vice versa. [read post]
19 Mar 2014, 4:08 pm
There are legions of cases that make crystal clear that even though the rule of lenity is supposed to be a cardinal principle of statutory interpretation in the criminal context, in practice, it's pretty much meaningless.Except in this case.A vice principal at a high school has sexual relations with a 14-year old student. [read post]
11 Apr 2017, 11:36 am
 If only because we don't have all that many freeway shootings as we did back in the old days. [read post]
20 Feb 2014, 12:25 pm
 Defendant had a 13-month old daughter named Alicia. [read post]
28 Feb 2022, 12:56 pm
  It's less common to see them in the Court of Appeal, where (as here) the defendant "merely" receives a life sentence (albeit LWOP).But Justice Stewart's opinion indeed tops out at 70+ pages here.Michael Phillips murdered a 75-year old man who was already dying of late-stage lung cancer. [read post]
3 Jun 2014, 1:29 pm
 Who, by the way, also convicted in 1974 of beating his two-month old daughter to death in Texas.This direct appeal took nearly twenty years to work its way through the California Supreme Court. [read post]
22 Oct 2019, 3:26 pm
"I'll add that such would have been a particularly tragic result because the appellant (1) is a 14-year old child; (2) who attempted to rob a 7-11 with a BB gun. [read post]
9 Oct 2019, 4:58 pm
  To say the least.But once I read more, I discovered that this wasn't just any old landlord that the defendant killed. [read post]
3 Apr 2020, 12:25 pm
"  Though I fear that there are insufficiently few gang members who are old enough to remember The Graduate and thus willing to give this response the respect it deserves. [read post]
8 Apr 2015, 2:37 pm
I was watching an old episode of Mad Men last night in which there was a great line. [read post]
4 Oct 2017, 12:07 pm
"In 2001, appellant was convicted by jury of false imprisonment by violence after he forced his way into a single mother’s (L.S.) home, clutched her two-year-old son, and threatened to rape him. [read post]
3 Feb 2023, 10:04 am
I've attempted in vain to think of a legal issue more depressing than the one squarely presented by the competing opinions in this case, which solely involves the following issue:Was the evidence here sufficient to support an inference that the defendant intended to kill his 13 week old baby when he tortured him? [read post]
29 Jan 2015, 3:36 pm
There's the old saying that you shouldn't bring a knife to a gunfight. [read post]
8 Sep 2020, 4:45 pm
  But I do think she knew it was "wrong" to spit at other people and to kick them in the stomach? [read post]
4 Nov 2024, 9:05 pm by Mikaela Wells
Carrie Buck was a seventeen-year-old girl who lived in foster care. [read post]
19 Jul 2012, 2:05 pm
We recently rejected a similar argument in People v. [read post]