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15 Jun 2012, 11:15 am
Matthew Souza gets some good news and some bad news from the California Supreme Court.The bad news is that he's going to spend the rest of his brief life in prison before we kill him.The good news is that we're cutting the $24,000 restitution order entered against him in half.So he's got that going for him. [read post]
10 Feb 2021, 2:19 pm
One reads -- as one might suspect -- a fair number of DUI cases in the Court of Appeal. [read post]
13 Sep 2011, 1:24 pm
Here's today's amendment to an opinion the Court of Appeal issued last month:"In a petition for rehearing, the Attorney General scolds this court for questioning the continued vitality of Ford and lectures us that we are bound by Ford because it has not been, in the Attorney General's words, 'clearly superseded.'   This diatribe fails to recognize that we distinguish Ford; we do not refuse to follow it. [read post]
24 Jan 2013, 2:19 pm
Just in case you think that selling methamphetamine is as "cool" as it is on television, take a look at Alan Tinker. [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]
14 Sep 2016, 3:05 pm
"When a court recalls a felony sentence and imposes a misdemeanor sentence pursuant to Penal Code section 1170.18, subdivision (a) (Proposition 47), may the court revisit the sentence imposed on other misdemeanor counts, not subject to Proposition 47, and impose a harsher punishment? [read post]
23 Feb 2012, 10:56 am
If you kill two on-duty police officers, you're going to be sentenced to death. [read post]
18 Aug 2014, 12:18 pm
Here's an 141-page opinion by Chief Justice Cantil-Sakauye. [read post]
26 May 2016, 9:17 am
A fifteen-year old gang member shoots and kills a fourteen-month old baby in a "drive-by" shooting in which the defendant was riding a bike.The baby is dead. [read post]
24 Oct 2007, 11:47 am
Rarely do you see the Court of Appeal describe an impressive performance at trial by a criminal defendant who elected to represent himself. [read post]
28 May 2009, 2:00 pm
As the (fictional) judge said to Matt Damon in Good Will Hunting: "You hit a cop. [read post]
1 Aug 2023, 11:43 am
It's amazing how disparate sentencing can sometimes be between federal and state court. [read post]
23 Apr 2015, 11:52 am
For those who believe child molesters deserve to die, I wonder what the reaction is to this fact pattern:"Early in the morning of December 5, 2005 Brothers learned information that caused her to believe Gates had sexually molested Mimi and John. [read post]
27 Feb 2014, 1:38 pm
Last year, I discussed a published opinion from the Appellate Division that held that it was illegal to use your smartphone to surf the internet (e.g., to check Google Maps) while driving. [read post]