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24 Apr 2023, 1:57 pm
"(2) In the majority opinion, the sly little joke from Judge McKeown: "Admittedly, the validity of the Proclamation—an Antiquities Act order that implicates the O&C Act—presents a statutory thicket. [read post]
27 Jul 2020, 2:05 pm
In short, the government has disavowed the argument that an attenuation analysis need not be conducted, and left us with little choice but to assume for purposes of this analysis that all four violations took place. [read post]
11 Apr 2017, 11:36 am
 That's a little bit different.There's also some great doctrinal stuff in the opinion about what you do with mixed-motive Batson challenges, particularly as applied to prospective gay jurors in a case like this one. [read post]
7 Dec 2018, 11:30 am
 Heriberto’s older brother approached and said, “Leave my little brother alone. [read post]
7 Apr 2014, 12:52 pm
 So when the trial court suggested that the husband ask his wife questions on direct -- after the two had decided to represent themselves -- rather than having the wife do so herself, yeah, that's a little strange, and potentially improper.At the same time, I totally understand Judge Nguyen's point as well. [read post]
9 Oct 2019, 4:58 pm
  (The opinion is a little confusing in places because it talks about the defendant having killed "Darrington" -- meaning David Darrington -- even though the defendant's wife was also a Darrington:  Traci Darrington.)You can understand why you might stab and kill your wife's ex-husband for reasons beyond those that might arise from being evicted.So maybe the lesson here is:  Be careful if you're trying to evict your ex-wife and her current… [read post]
9 Aug 2024, 9:06 am
"Maybe Uber and Lyft drivers are a little bit more protected, since you the identity of the person who calls for the ride is (allegedly) discoverable. [read post]
10 Mar 2023, 2:04 pm
But I must say that it's a little strange coming from an en banc decision in which Judge Bumatay's opinion on the matter gets outvoted 10-1, without a single judge on the en banc panel -- even those judges who typically vote alongside Judge Bumatay -- adopting his position in this one.Sometimes you're totally convinced you're right even though the rest of the world, including some very bright people, says you're wrong. [read post]
16 Apr 2020, 12:51 pm
  Litigation that resulted in a trip to the California Supreme Court, multiple rounds in the Court of Appeal, and so much work in the probate court that I can't even fathom it all.All from a simple little trust. [read post]