Search for: "In re A. V."
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20 Dec 2016, 11:37 am
Somewhat funny that we're directed to a for-profit site instead. [read post]
19 Jul 2023, 3:55 pm
Session was a member of the PJ Watts Crips gang, which (as its name reflects) is based out of Watts.So people apparently travel quite a distance to steal from higher-end residential properties.Last mention: I did not know until today's opinion that if you're on parole, that means that not only are you subject to warrantless searches of your home, but it means that -- like here -- the police can secretly put a GPS locator on your car.All super interesting stuff to know, eh? [read post]
10 Jul 2020, 1:20 pm
That compels a current Ninth Circuit panel to follow the earlier circuit precedent even when, as here, they're pretty sure it's wrong.But you can always fix these things with an en banc vote. [read post]
16 Oct 2018, 2:41 pm
Nothing published in the Ninth Circuit or the California Court of Appeal today, so we're on our own vis-a-vis reading material.So I thought I'd at least mention this opinion from Friday. [read post]
18 Jan 2022, 11:24 am
The Court of Appeal dismisses the appeal flat out.You definitely see decisions like that from wig-wearing judges in the United Kingdom, where they're very particular about following the rules to letter. [read post]
23 Jul 2014, 11:03 am
As well as predict that the Supreme Court will soon reverse.They're right. [read post]
30 May 2019, 11:07 am
Particularly when you're making someone spend the rest of his life in prison. [read post]
29 Apr 2014, 12:40 pm
That'll be even more the case once Judge Thomas becomes the chief later this year, since they'll then be an automatic left-of-center addition to the panel (as contrasted to the right-leaning, and yet wonderfully idiosyncratic, Chief Judge Kozinski).But since we're back to 11-member panels, it'll still matter in some cases. [read post]
1 Dec 2021, 1:28 pm
What the majority and dissent disagree about in this opinion is whether, on that same theory, you can also be found guilty of kidnapping, on the theory that spiking their drink and getting them drunk means they also couldn't consent to being "moved" to your vehicle.Justice O'Leary writes the majority opinion and says "No, they're two different crimes; for kidnapping, you need some level of force, not just deception. [read post]
12 Oct 2015, 12:23 pm
For example:When you're riding in a car with someone, don't encourage them to go 81 m.p.h. on a residential street with a speed limit of 25 m.p.h. [read post]
1 Apr 2015, 3:04 pm
We don't trust in-custody inmate testimony because (inter alia) we're concerned -- for good and empirical reasons -- that inmates might lie and incriminate another prisoner to get a reduced sentence in their own case.We don't trust accomplice testimony for identical reasons.As a result, in California, you've got to have corroboration. [read post]
14 Jul 2020, 3:53 pm
The bad news is that they're stuck there in front of a district court judge who they got reversed and who didn't want to hear the case. [read post]
4 Nov 2019, 12:53 pm
A resolution in which both sides in a little bit.What was most interesting to me was to see the list of what languages we're fighting about; in particular, what languages have "minority language groups" that constitute three percent or more of a precinct's population.Some of the candidates are obvious: Spanish, Chinese, Mandarin, Korean, Vietnamese, etc. [read post]
15 Apr 2015, 5:29 pm
If you're into that sort of thing, you might also like this afternoon's opinion. [read post]
25 Sep 2014, 10:06 am
Easier, I guess, than going through the walls vertically.But that means that once you drill through the sewage pipe, you've got to make sure to patch the pipe back up once you're done.Which the DISH Network installers didn't do here.Oopsies.You can figure out what transpired next. [read post]
19 Jul 2018, 3:50 pm
You're never, ever getting out of prison. [read post]
30 Dec 2014, 3:29 pm
Because you're getting nothing from the Ninth.Which in turn means that he should enjoy 2014. [read post]
5 Nov 2018, 12:24 pm
We're talking 30 or 90 seconds or so. [read post]
9 Mar 2020, 12:30 pm
It's a disturbing story about the home invasion robbery (and accidental murder) of a millionaire in Monte Sereno.Sometimes your impression of these things is that they're totally random; that it could "happen to anyone. [read post]
31 Aug 2016, 11:47 am
The person who's selling you the gun has to know you have a card before they're obligated to refuse to sell you the weapon. [read post]