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25 Feb 2021, 2:20 pm
Any more than we need a Kelly/Frye hearing to admit surveillance videos, photographs, or any of the other recording systems that we daily submit to jurors for their review.It'd be one thing if the defense said "These are just car backfires" and the prosecution said "No they're not, the Shotspotter system screens out that stuff. [read post]
5 Dec 2019, 1:23 pm
I'm just not sure that we're trying to fit a round peg into a square hole when you've got one crime (furnishing drugs to a minor) that squarely fits the offense but we charge a much greater offense that's generally used for deliberate attacks and the like. [read post]
18 Mar 2024, 3:00 pm
The trial court has discretion, so it needs to exercise it.The reason I say that Justice Baltodano (alongside the rest of the panel) deserves kudos is because:(1) Trial counsel didn't file an appeal -- even though they're supposed to if there's any arguable issue (which there was here) -- so all that the Court of Appeal had was the Mother's pro se submission. [read post]
7 May 2021, 2:34 pm
You can't just go through whatever you feel like -- without a warrant -- just because you're investigating a potential fire. [read post]
4 Nov 2022, 9:13 am
., but so be it; potential side effects don't mean much when you're heart is literally about to stop beating in the next minute or so.Eventually, however, the foreign manufacturers of the drug threatened to cut off the supply of the thing to U.S. patients unless the FDA approved the drug. [read post]
6 Jan 2014, 1:33 pm
And tell the guy: "We’re both Muslims. [read post]
4 Jun 2024, 3:54 pm
I most definitely do not know the inner workings of how construction crews operate, but one of the nice things about reading appellate cases is that you get the tiniest of glimmers into how things work in places you would never otherwise know anything about.So, in this opinion, I got to learn that when owners of commercial buildings modify the office to fit the needs of an incoming tenant, things are (at least sometimes) much more loosey-goosey than I would have thought they'd be.What… [read post]
16 Nov 2017, 2:02 pm
At least if the same witnesses are around.But this time, at least, he'll have a jury that'll follow the instructions they're given.At least we hope. [read post]
15 Mar 2022, 3:17 pm
In its traditional form, you're a kid, your parents get divorced, and your mother or father marries someone one. [read post]
3 Apr 2018, 2:05 pm
Which means that, in California, you're going to have your DNA taken upon any felony arrest. [read post]
15 Nov 2018, 1:04 pm
So maybe a tiny explanation for that argument that we're now hinting the appellant did, in fact, potentially make -- and its merits, or lack thereof -- might potentially be something we could do.All of which is not to blame the Fifth. [read post]
3 Jan 2023, 2:55 pm
”"Let's face it: those are not great (alleged) facts if you're trying to keep your job. [read post]
7 Feb 2018, 1:08 pm
They're not exactly a personal injury defense firm. [read post]
11 Feb 2019, 3:42 pm
., employ CCP 473(b)) when the dismissal that you're challenging is your own request for dismissal without prejudice. [read post]
3 Dec 2019, 4:33 pm
Not the most relevant commentary in the world, but at least I know what you're saying.But it gets worse.When the trial court expresses doubts about Ms. [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]
22 Nov 2016, 12:10 pm
Minority shares can't control the corporation, so they're worth less than shares that include control. [read post]
13 Jan 2010, 1:17 pm
I couldn't help but notice that the plastic ice chest you're buying weighs around 150 pounds. [read post]
8 Jun 2011, 2:34 pm
There are few opinions that you'll have occasion to employ in your everyday life, but this is one of them.I always assumed it was the law that you have to use your turn signal whenever you're turning. [read post]
16 Jul 2008, 11:46 pm
(2) Don't put anything -- anything -- on your laptop (letters to your spouse, financial data, attorney-client communications, etc.) that you bring back to the U.S. that you're not totally willing to give the government free rein to examine. [read post]
