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19 Jul 2012, 2:05 pm
We recently rejected a similar argument in People v. [read post]
9 Feb 2018, 8:37 pm by Joseph Fishkin
 But over time, as more and more people in America have won the vote (which is a good thing!) [read post]
14 Aug 2007, 12:08 pm
Some are more thoughtful than others. [read post]
25 Apr 2007, 2:26 pm
But I think that I agree with Justice Bedsworth's dissent more than I do with Justice Moore's majority opinion (even as supported by Justice O'Leary's concurrence).My dissent probably wouldn't be filled with as much rhetoric as the first couple of pages of Justice Bedsworth's dissent. [read post]
22 Feb 2023, 1:21 pm
Some people are happy with short, concise opinions that read (to me) more as advocacy summaries than as opinions; others take a contrary view. [read post]
24 Jan 2019, 4:47 pm
  Then they confront you with various pieces of evidence they've already obtained, and then you tell them a different story.The second story's usually just as unpersuasive -- indeed, often even more so -- than the first one. [read post]
26 May 2016, 9:17 am
 But in a perfect world, you'd want a lot more than the (notoriously unreliable) eyewitness evidence that was the basic reason for defendant's conviction.No winners here. [read post]
20 May 2024, 3:13 pm
I understand that, sometimes, you're waiting to try to get better in the meantime, so that the result of the trial is more likely to be in your favor.But having to wait over two full years to be "reevaluated" by your doctors seems quite a bit too long.That's the backstory here, anyway. [read post]
30 Jul 2008, 8:39 pm
When you're going to use your first four peremptory challenges to strike Hispanic jurors, at a minimum, you've got to be more subtle about it. [read post]
22 Jul 2014, 11:56 am
 Nor do I think that the relevant brand needs to get any more publicity.But in four different places in this opinion, Justice Benke refers to one of the victims as exclusively smoking "Marlborough cigarettes". [read post]
25 Feb 2013, 4:06 am by Bill Araiza
As a follow up to my tongue-in-cheek post last Friday about language from judicial opinions I want to mention something that's bothered me for a while now, and see if people think I'm being over-sensitive: the jocular riffing on Justice Holmes's "Three generations of imbeciles is enough" language from Buck v. [read post]
10 Nov 2009, 4:11 am
With the recent emergence of high profile cases such as Nokia v iPhone, this could see patent cases in the mobile phone industry for some time to come. [read post]
25 May 2010, 10:37 am
The result potentially being that you have four more years in which to complain about your surroundings.You might want to have thought about that same principle, by the way, when you refused to leave your home after it was foreclosed upon. [read post]
5 Oct 2007, 11:53 am
Presumably for more than your sparkling personality.Oh, and it's admittedly not a separate criminal offense to say "It's none of your f***ing business what I do to my girl. [read post]
17 Oct 2012, 12:57 pm
To be more precise:  Does a B.B. gun qualify as a "deadly weapon" pursuant to the definition of that term in California's statute relating to assaults with a deadly weapon, which say that an item qualifies if it is "any object, instrument or weapon that is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury"? [read post]
17 Nov 2011, 11:14 am
  And the California Supreme Court will unanimously affirm.Even more so if the key witness tells the jury that the police officer was "really nice," and not like other officers who are mean or sarcastic.Being a police officer is a tough job. [read post]