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7 Aug 2014, 12:55 pm
Thus the Legislature could rationally conclude that vaginal or anal penetration with a foreign object is more harmful than intercourse between a 16 or 17 year old minor and an adult. [read post]
19 Nov 2013, 11:50 am
And Baker-Riley says so.Baker-Riley eats some food that's on Davis' table -- more Pulp Fiction -- and demands that Davis tell him the location of the rest of the weed. [read post]
20 Mar 2017, 11:28 am
California alone has 75,000 — more than any other state. [read post]
12 Feb 2015, 12:29 pm
An issue similar to the one the California Court of Appeal is now split.I thought about my father's oft-retold story when I saw that one of the decisions cited by Justice Kriegler was from Virginia, and related to whether a pistol in a handbag counted as being "on one's person" notwithstanding the "saddlebag rule" established by the Virginia Supreme Court long ago.The more things change . . . . [read post]
8 Oct 2013, 12:35 pm
But especially here, where the perpetrator has committed a fairly dangerous crime and the victim's purported negligence is very low, I think it entirely within the trial court's discretion to order full restitution.Justice Benke's opinion says the same thing.Her opinion is nonetheless much broader, and much more aggressive, than that. [read post]
18 Feb 2013, 11:44 am
Although I do so with more caveats than -- and not nearly as enthusiastically as -- Justice Hollenhorst. [read post]
14 Oct 2020, 1:18 pm
(All for naught, I might add.)Given that you know that a criminal defendant has a right to appeal, maybe the prosecution putting in a little more effort below might make rational sense. [read post]
30 Jul 2020, 3:26 pm
Section 269(a)(1) of the Penal Code says you're guilty of "aggravated sexual assault" if the victim's under 14 and more than 7 years younger than you and you "rape" the victim in violation of Section 261(a)(2) or (6). [read post]
10 Jul 2024, 10:31 am
The statute does, in fact, require more, in my view. [read post]
23 Mar 2020, 3:37 pm
So I'm left totally in the dark as to how the underlying events actually transpired.Second, relatedly, I wanted more details, so I tried to find press reports about the whole thing. [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]
23 Feb 2008, 12:04 am
In the case of G2000 v. 2000, the Hangzhou Intermediate People's Court showed Chinese Trademark Law is still more interesting than the Leifeng Pagoda in Hangzhou, and the Hong Kong star sex scandal. [read post]
22 Aug 2017, 1:10 pm
(People v. [read post]
30 Oct 2007, 12:49 pm
The other one -- the one I agree with, not surprisingly -- seems far more cogent and persuasive.See what you think. [read post]
11 Dec 2008, 8:04 pm
Or maybe also because I know that, as a white guy, it wouldn't happen to me.But while stopped at a red light at an intersection in Hayward in September of 2003, Francisco Sanchez -- who had just paid his union dues and wasn't afilliated with a gang in any way -- was murdered in cold blood for no reason other than an idiot Norteno gang member concluded that Sanchez was a member of a rival Sureno gang because he was wearing a blue UNC baseball cap.The thought that you can be killed for… [read post]
18 Sep 2007, 10:50 am
Resulting in the revocation of his probation and five extra years in prison.Not a wise decision, I think.One more thing. [read post]
15 Jun 2012, 12:16 pm
Knowing nothing more than what I read in the opinion, I was a bit surprised by the sentence.Perhaps I shouldn't have been. [read post]
20 Feb 2007, 3:47 pm
But I agree it's not structural error.So while I might have gotten there slightly differently -- probably in a more nuanced fashion that is shown in this opinion by a long-time prosecutor -- I think that Justice Kriegler properly affirms. [read post]
15 Feb 2012, 11:06 am
Someone could reasonably conclude that the latter is more culpable. [read post]
30 Apr 2007, 10:04 am
One unanimous, one much more closely split. [read post]
