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5 Oct 2011, 12:21 pm
Unfortunately, some people don't have to imagine this. [read post]
29 Jun 2016, 5:23 am
Justice Samuel Alito’s dissent from a denial of certiorari in Storman’s Inc. v. [read post]
6 Sep 2009, 9:25 am
People v. [read post]
16 Mar 2009, 11:26 am
Congratulations.By the way, one more thing. [read post]
22 Jan 2007, 11:50 pm
Even if it may well not be around all that long: given the significant sea change in California sentencing that it presages, I wouldn't be surprised if the California Supreme Court grants review -- or, perhaps more likely, depublishes the opinion (a distinct possibility given that Justice McAdams ends up affirming the sentence below on the ground that this particular defendant admitted the prior juvenile offense).Moreover, the timing was interesting: I doubt that Justice McAdams… [read post]
17 Feb 2012, 12:09 pm
The circumstances of his crime are more than a little bit nutty, so the case lingers, with numerous inquiries into the defendant's competence to stand trial, and in April 2007, appointed counsel for the defendant -- William Figueroa -- amends the plea to not guilty by reason of insanity. [read post]
25 Aug 2009, 1:30 pm
""Say no more. [read post]
31 Jul 2009, 10:27 am
She again admits everything, was sentenced to (and served) some more jail time, and probation was continued on some harsher conditions.Another year passes, and again she gets violated when she admits that she's relapsed into drugs. [read post]
15 Jul 2010, 1:58 pm
Even though what the judge told the jurors was totally correct as a matter of law, the process employed here seems troubling to me.Something that I'm sure will hear more about -- in another decade or so -- when the federal habeas proceedings reach the Ninth Circuit. [read post]
17 Jan 2008, 1:37 pm
Including it is just a matter of whether you want to be especially nice or mean, and I don't think it unusual that, as time passes, and initial tempers flare, one may tend to become a little more of the former and a little less of the latter.)I guess the only downside is that we now can't cite a clear case for the proposition that not every statement in a published opinion is a holding! [read post]
22 Feb 2007, 2:39 pm
Whether the guy's drinking more nowadays; hey, your guess is at good as mine. [read post]
15 May 2008, 11:41 am
Very, very nice.Meanwhile, on a more pedestrian level, remember the elderly inmate in The Shawshank Redemption -- his name was Brooks Hatlen -- who almost kills a friend and fellow prisoner (Heywood) in order to stay in prison and, after being released, ends up hanging himself because he can't deal with the outside world? [read post]
4 Aug 2008, 7:25 pm
The Court of Appeal doesn't mention anything about this exchange, but I'd have dropped a footnote that said we expect a little more circumspection, neutrality and restraint from our judges. [read post]
1 May 2007, 11:39 am
Which gives you a sense -- if you didn't have it already -- that the California Supreme Court is quite different than other state supreme courts, at least in (and, some might say, especially in) death penalty cases.One more thing. [read post]
14 Oct 2009, 11:25 am
" So get into your car, put on a black ski mask, drive to a random business, pull out a sawed-off shotgun, and start acting crazy (or, more accurately, continue to act crazy). [read post]
7 Feb 2008, 11:48 am
Defendant admits that it caused the fire but says -- quite plausibly, I might add -- that the fire would have been out in the first two days but for the State's incompetence in fighting the fire; in particular, that the State had basically put the thing out after it had burned out 1200 acres, but due to the State's failure to douse the flames completely, the fire restarted and burned for 10 more days and destroyed 64,000 acres. [read post]
23 May 2023, 7:50 am
(It’s gone hard right in more ways than one.) [read post]
20 Mar 2015, 10:59 am
In San Francisco v. [read post]
29 Jan 2016, 9:00 am
This was the issue in Burgueno v. [read post]
20 Feb 2010, 4:41 am
People v. [read post]