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10 Apr 2007, 2:31 pm
I expect more from "the People", and I think that Justice Huffman -- in his much more subtle way -- does so as well.P.S. - I was also happy to see that, even though this case is from San Diego, neither of the two lowest names on the briefs (and hence the ones presumptively most responsible for it) from the AG's office were from USD, and were instead Marvin Mizell (from Davis) and Maxine Cutler (from Golden Gate). [read post]
2 Jun 2014, 2:11 pm
  The distinction the Court attempts to draw simply does not exist. [read post]
11 Oct 2013, 1:03 pm
 So yesterday I blamed my employer, and today, I will blame the courts.In the meantime, let's ask a difficult epistomological question:  How does one decide whether a 13-year old child had sufficient "malice" in his heart to qualify under the arson statute? [read post]
28 Aug 2014, 3:59 pm
 But let me nonetheless ask Justice Bedsworth (and the rest of the panel) what I think is amongst the hardest questions raised by this holding (though not addressed directly in the opinion):If, as the Court of Appeal holds, sexual orientation is entirely irrelevant in a molestation trial, does that equally mean that a defendant in such a proceeding similarly has no right to introduce this evidence? [read post]
1 Apr 2013, 11:59 am
  Which affirms a conviction on harmless error grounds but does so cautiously and with evident concern.You see the former every day. [read post]
15 Apr 2015, 5:29 pm
Perette's ex-husband, Francis Shivers, does not come out looking well in the opinion. [read post]
18 Dec 2012, 11:36 am
. - Justice Hoffstadt does need to change one portion of the opinion, which clearly lost something in the editing process. [read post]
12 Nov 2019, 2:48 pm
  He breaks into a storage yard at 4 a.m. and then starts driving -- inside the storage yard -- a vehicle that's typically used to move storage containers, and does so for 15 minutes or so. [read post]
4 Oct 2017, 10:44 am
"Being married to someone else does seem sort of like a complicating factor vis-a-vis an engagement, no? [read post]
3 Mar 2023, 7:52 am by Eugene Volokh
An interesting decision Wednesday by N.Y. trial court judge Thomas Marcelle (Albany County), Hines v. [read post]
19 Dec 2013, 11:36 am
 Gary's father returns to the house, and defendant tells his confederate to "snatch his ass in the house," which the confederate does. [read post]