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26 Apr 2011, 4:30 am by Kevin
Over the weekend I wrote about Lodi v. [read post]
9 Jan 2023, 11:52 am
"Justice Greenwood agrees with Justice Grover, so that's now the law.Which provides a fairly healthy -- and successful -- way to NIMBY your way out of a sex offender living in your neighborhood, eh? [read post]
21 Mar 2022, 12:37 pm
It comes out the same way that nearly all of them -- and all of them in California -- does; namely, the argument is rejected. [read post]
14 Dec 2023, 11:37 am
Never mind the fact that, here, there's zero doubt (or dispute) that the defendant was driving, and that's the only way he can be convicted.Defendant gets convicted at trial, and sentenced to 15 years to life. [read post]
11 Apr 2024, 11:38 am
Presumably he's still alive, and since I can't find any reports of any crimes he's committed, I presume the Court of Appeal is right -- thus far, anyway -- that he's at least not an obvious recidivist at this point.Lots of people, I suspect, would think that spending only a year in prison for first-degree murder was way less than necessary. [read post]
6 Nov 2020, 3:30 am by Mila Sohoni
And, as Vermeule pointed out, the Court created just such a black hole in Franklin v. [read post]
11 Apr 2022, 1:15 pm
Sure, the California Supreme Court is left-leaning in a lot of areas, but sometimes when reading an opinion (or otherwise), you don't need a weathervane to know which way the wind blows.Here's a test: See if you can fill in the blank for the next word in this opinion, the first paragraph of which reads (in its entirety):"A jury convicted Manuel Bracamontes of the first degree murder of nine-year-old Laura Arroyo, with special circumstances for committing the murder while… [read post]
9 Mar 2012, 10:58 am
  Holding that because we know that the Legislature didn't want people shooting at cars, this legislative history "breaks the tie" and means -- as in virtually every case -- that the rule of lenity is meaningless.Of course, the Legislature probably didn't want people shooting at an occupied vehicle from inside a vehicle as well -- since that may well have the same consequences (death, broken glass, car crashes, etc.) as shooting from outside. [read post]
4 Dec 2007, 12:37 am
“The” way vs “a” way (Japan v China dept) and James Fallows Turns On His Television Set James Fallows putes together an   interesting of how things are done in Japan vs. [read post]
18 Dec 2023, 1:27 pm
The people who wrote Prop. 21 knew full well how to lock in the existing statutory definitions when that's what they intended. [read post]
30 Mar 2011, 12:49 pm
  Definitely not worth appealing.For normal people, anyway. [read post]
1 Feb 2007, 12:15 pm
Everyone agrees on the result, but the California Supreme Court splits three different ways as to why.This is another big case (the other being Wells) in which the Court holds that anonymous tips are sufficient to authorize the police to detain someone. [read post]