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15 Oct 2013, 3:18 pm
 Otherwise Justice Raye's contrary principle might be a brighter-line rule and/or superior in terms of policy and intent.None of which is to say that figuring out what counts as burglary in California is easy. [read post]
20 Feb 2014, 12:25 pm
 But then there was the fact that she had previously tried to kill him by disconnecting the gas lines in her house, which she hoped would either poison him or cause the house to explode. [read post]
20 Feb 2024, 2:44 pm
(Though, as everyone knows, the line between permissible and "impermissible" testimony in this regard is definitely a fine one.)The Court of Appeal concludes that the officer's testimony in this case (out of San Diego) is more in the second bucket than the first, so reverses the conviction and remands for a new trial. [read post]
25 Feb 2014, 11:02 am
 She's been committed to California Psychiatric Transition for the past five years, and seems to continue to have schizophrenia.But isn't it interesting how one tends to interpret behavior depending upon what one expects.For example, as part of establishing how Rosalinda is still mentally disabled, the Court of Appeal notes that "Rosalinda had recently begun to exhibit other symptoms indicating poor impulse control, such as urinating on herself on purpose in order to achieve other ends, like… [read post]
30 May 2024, 1:52 pm
There's got to be proximate cause -- something for which, unfortunately, there is no set bright line rule, but that's why we have incredibly bright and sophisticated judges, as well as the resulting common law.And, here, a murder charge is simply a bridge too far. [read post]
9 Mar 2023, 1:57 pm
Today, Justice Miller issued this opinion, the first line of which is: "David Bustamante (the victim) was shot and killed in the parking lot of an In-N-Out restaurant on Christmas Day in 2015. [read post]
9 Feb 2015, 1:55 pm
 All of which the trial court accepted.Except for one problem.With respect to two jurors, all that the prosecutor said was that she preferred the next person in the box.You can't do that.By definition, whenever you exclude a juror, you obviously prefer the next person in line. [read post]
8 Oct 2019, 7:34 am by Robert Black
On Monday, the first day of the new Supreme Court term, the Court heard argument in Kahler v. [read post]
29 Jan 2015, 12:13 pm
Many truly hurt people were forced to go without just compensation as they were not allowed to sue the cruise lines for medical malpractice or unable to obtain jurisdiction over culpable foreign doctors. [read post]
12 May 2009, 8:37 pm
X appeals to the NY Court of Appeals, which ruled 4-3 today (People v. [read post]
20 May 2013, 1:36 pm
  It may not make rational sense, but people aren't uniformly rational animals.Case in point. [read post]
10 Jun 2019, 2:03 pm
  Maybe a brighter-line rule would both make cases like this easier to adjudicate as well as have substantial real-world advantages to boot. [read post]
28 Apr 2023, 5:46 am by Michael C. Dorf
If free speech is for people, and corporations aren't people, then is there an element of hypocrisy in supporting a lawsuit by a corporation asserting its right to use its wealth and power with respect to a contentious political issue? [read post]
15 Dec 2016, 9:51 am by Eric Goldman
Xcentric case, and there are several other cases in this line, such as Obado v. [read post]
23 Dec 2013, 10:55 am
” The line between fact and fiction may not always be so clear, however, as Maryland’s Court of Special Appeals discovered in addressing the issues raised in Publish America, LLP v. [read post]
26 Jun 2018, 8:57 am by Jeff Schmitt
In a 5-4 decision along partisan lines, the Supreme Court just upheld the travel ban. [read post]
7 Apr 2009, 10:26 am
[a]t some point we will have to draw lines in the sand; enough is enough. . . . [read post]