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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]
25 Jun 2022, 6:58 am
Which case does Obergefell cite? [read post]
6 Apr 2011, 3:04 pm
See People v Frazier, 478 Mich 231, 243; 733 NW2d 713 (2007). [read post]
29 Aug 2017, 1:08 pm
"Oh, and just when you thought the facts couldn't be any more bizarre:"At the time this case arose in 2012, appellant was 62 years old and Oceja was 29. [read post]
12 Jul 2018, 12:15 pm
risk of a false confession, then I can see why you'd let this stuff go on.Ultimately, here, the Court of Appeal holds that the present facts are pretty darn close to a prior case that held that the interrogation was custodial, so it was ineffective assistance of counsel not to try to exclude the confession (since there were no Miranda warnings). [read post]
23 Sep 2019, 2:31 pm
There's even one paragraph that, in total, is five words: "This case differs from Schueren. [read post]
20 Apr 2021, 4:42 pm
That's a straightforward conflict, and on an issue that recurs in innumerable cases. [read post]
31 Dec 2024, 7:51 pm
Still plugging away on criminal cases even at age 71. [read post]
28 Aug 2014, 9:15 am
As long as (in my view) the case raises a nonfrivolous argument, you should at least identify it. [read post]
15 Jul 2014, 4:48 pm
I will express no opinion about the merits of Justice Nicholson's concurrence in this case, in which he argues that the vast majority of the Court of Appeal's opinion is unnecessary and unhelpful.He's surely right, however, that the most important part of this opinion -- to the litigants, anyway -- is its core finding that a guy convicted of having wire cutters while shoplifting from a store isn't carrying a "deadly weapon" such that he's categorically… [read post]
31 Jul 2017, 1:05 am
"I'll add to that desription the facts that (1) it's a molestation case, (2) the witnesses were often emotional, and (3) the defendant was sentenced to over 300 years in prison.There are weighty concerns on both sides. [read post]
1 Apr 2020, 1:09 pm
I often don't quite understand these gang shooting cases. [read post]
3 Apr 2020, 12:25 pm
There are cases that I at least understand. [read post]
4 Oct 2017, 12:07 pm
"Okay, there are lots of those types of cases. [read post]
19 Mar 2014, 4:08 pm
There are legions of cases that make crystal clear that even though the rule of lenity is supposed to be a cardinal principle of statutory interpretation in the criminal context, in practice, it's pretty much meaningless.Except in this case.A vice principal at a high school has sexual relations with a 14-year old student. [read post]
1 Jun 2017, 11:19 am
Appellate tribunals often resolve complex issues of constitutional and statutory interpretation.But sometimes, even at the highest levels, the cases are relatively straightforward.Take, for example, how the California Supreme Court begins the month of June. [read post]
15 Aug 2019, 2:35 pm
Now for the actual sentence that gets imposed in this case. [read post]
11 Apr 2017, 11:36 am
That's a little bit different.There's also some great doctrinal stuff in the opinion about what you do with mixed-motive Batson challenges, particularly as applied to prospective gay jurors in a case like this one. [read post]
24 Jan 2022, 10:00 am
The facts of this case are incredibly straightforward; indeed, they're on video. [read post]
13 Nov 2014, 12:11 pm
But in situations like this, when there's such manifestly inappropriate conduct, I agree that it makes total sense to reverse and remand for a trial in which the jury decides the case based upon the actual evidence, not the non-evidence out of the mouth of the prosecutor. [read post]
