Justice Chavez authors the majority opinion. If you do not see the input fields on your screen, click the "Highlight Existing Fields" button in top right-hand corner above the form. 5th: Reports of Cases Determined in the Supreme Court of the State of California (2016-2016) Cal. They seem to be very good lawyers, with nice personalities and tell good stories about their lives. After all, the statutory language definitely only applies to the juvenile being there. This isn't a divorce case. That sentence means he's not even eligible for parole until he's 73 years old, at which point he'd have little (if any) life expectancy. The trial court denied (1929-present) Cal. But I simultaneously have a sense that things like this are sometimes much ado about nothing; or, more accurately, much ado about regular old adolescent stupidity that, sure, we gotta take seriously given the incredibly small probability of a high-consequence event, but which nonetheless (as here) usually just entails an absurd teenager concretely demonstrating the relative absence of myelin in their fat little heads. that the objection lacked merit.". There are legions of crimes and criminals that we just know are going to reoffend once they've served their time and get out of prison. at p. 382, quoting Graham, supra, 560 Ct. App. I never thought I'd see a day like today in American politics. - Feb. 3, 2021), People v. Collins (Cal. Inexplicably, the plaintiff elected not to respond to any of those objections. Proof, I guess, that people in San Diego know how to have a good time. notice, supported by declarations from Malek and his counsel. case." to cit,ng the Da,ly Appellate Report, Supplement to the Los Angeles Dady Journel, the San FrancIsco Oarly Journal end The Dally Recorder (Sacramento!. So here, according to an electronic entry in the file, the Social Security Administration Appeals Council apparently did mail notice to a particular claimant and her counsel. Does that mean that everyone else has to be there too? (Pen. a court’s “master list of qualified jurors . Which doesn't look like it's necessarily working out awesomely either. facility in New Mexico. ", People v. Kidane (Cal. But clearly it's going to be a divorce case between two people who coincidentally have the last name Capra. The part of the case that's practically helpful is its discussion of the objections that defendant submitted to the nonmoving party's evidence. But it's one that struck me very solidly as something I'd want to have no part of whatsoever, even though I suspect the vast majority of attorneys would have zero problem representing either side in the thing. You're instead left with the distinct impression that the County doesn't want the defendant to know how jurors are selected precisely because it's worried that they'll discover that the process does not, in fact, work the way it should. And the woman shot and killed in the Capitol today apparently lived in Ocean Beach, another beachside community down here in San Diego -- and the one in which I currently reside. - Dec. 28, 2020), Thank goodness for decisions like this one, Capra v. Capra (Cal. Fair enough. California Appellate Reports, Second Series Supplement: C.A.3d Supp. So in April, knowing she's dying, she asks to retire from her job. Even if you've got repeated weapons convictions; e.g., twice for possessing a loaded firearm and twice for for being a felon in possession of a firearm. MMG’s counsel had She formed no opinion on whether they were treated fairly and could set their So the case gets remanded back to the trial court for more factfinding  Because, yes, Mr. Collins did a terrible, terrible thing. Nor, in truth, do we even massively attempt to do so. Or at least should be. Martin Kipp is accused of committing two different murders. At some point, isn't it unfair? This is the kind of lawyer I do not want to be. - Dec. 30, 2020), E.P. In the Appellate Division, First Department: you need to also file a Pre-Argument Statement. objections." A piece of testimony may be hearsay because, well, it's hearsay. Much less the Ninth Circuit of the 1980s and 90s. Cal. He has a prior conviction for domestic violence and transporting cocaine for sale. Notwithstanding that fact, Justice Elia writes a 26-page opinion saying how he thinks the issue should be decided. Okay so far. Malek Media Group LLC v. AXQG Corp. (Cal. It admits that there's a state interest in regulating in-custody bail arrangements. has said ‘there is a distinction between intentional first-degree But as I previewed earlier, I'm less than entirely certain that Judge Wardlaw's critique on this point is unambiguously well-founded. Not for a token $5,000 or something like that, either. capital murder case filed in Marin County (the County), sought discovery in ignoring existing regulations obtain all the business. This morning's opinion from the 4/1 begins by saying: "A jury convicted Larry Brand of one count of possessing metal knuckles to no other provision of our Penal Code, and we are aware of Which one is likely to have multiple weapons. with youth.”’” (Contreras, at p. from her initial You're not at all sympathetic to the defendant: "Dontrell Collins drove his car at nearly 100 miles per hour and collided into a equal protection and the Eighth Amendment. Who knows. So even if Joe can't testify as to what Sally said, Sally can, and if such testimony creates a genuine issue, no summary judgment. The prosecutor struck an African-American woman from the jury, and the Court of Appeal concludes that there's a decent reason to believe that it was on account of her race. Because she died before the final form got turned in, we're not paying anyone a penny. ), Person A:  Officers see him holding a handgun outside his home, and when he sees the police, he runs inside. . Joaquin . (The question is not which one has one handgun. On the merits, Judge Wardlaw thought that the (somewhat boilerplate) objections were silly. I grew up in Virginia, so my preference was to get a job in D.C. . Was he there for a hearing? 2008 Supplement v. AUTHORITY AND PROCEDURE FOR JUDICIAL CONSIDERATION OF Defendant-Appellant LEGISLATIVE HISTORY AND INTENT _____/ Again:  Not unusual. control. Central California Appellate Program (CCAP) is a nonprofit law office, created pursuant to California Rules of Court, rule 8.300(e), serving the Third and Fifth District Courts of Appeal, and dedicated to improving the quality of indigent representation in criminal, juvenile … Yes. 2d: California Appellate Reports… Or at least there's no explanation for it on the record below. UCSD in turn finds a lawyer who convinces a court that, yep, even though it's crystal clear what the mother wanted, and filled out all the forms, since the final one in UCSD's lengthy bureaucratic process didn't get submitted until just after she died, her pension entirely disappears. I'm confident that, over time, things will get better rather than worse. That's the way things work. There's a nurse who's living her life and working at UCSD. They started back in 2012. So one of the places at which I interview is Arnold & Porter. It can't be because we might be wrong about a portion of them and it'd accordingly be unjust or unfair to institutionalize them because, again, that's equally true for SVPs. At least when they're well-founded. Why articulate (or rule on) such meaningless challenges. You knew she was dying, you knew she was retiring, there's zero doubt who she wanted her pension to go to, and I'm sure she tried her hardest not to die before you sent her the last form. Well, because it has to in order to come out the way it wants. So definitely a good opinion to know. People v. Clements (Cal. convicted of intentional first degree murder appeared He believed Collins drove through a red light at over 90 miles per hour. Yep, everyone needs an attorney. home.". Woodland, California 95695 Attorneys for: Any Party COURT OF APPEAL, STATE OF CALIFORNIA ANY APPELLATE DISTRICT Plaintiff-Respondents Case No. The opinion repeatedly finds fault with the one-word nature of the objections. Not good. App. Of course, they also probably didn't anticipate a global pandemic sixty years hence, but there you have it. To be in a world in which an election dispute merely resulted in some allegedly defamatory things on the Internet and an anti-SLAPP motion seems almost quaint at this point. PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, [3/5] Crim. public inspection and copying.” (Id. Maybe even more so. presented in this case, even though she can set it aside, but just as importantly, if not One from San Diego, as it turns out. 4th: California Reports (1991-2016) Cal. App. intimidate detained individuals into calling a particular agent because of the monetary business and detained individuals are not free to call other bail companies. - Feb. 10, 2021) How to abbreviate California Appellate Reports, Fourth Series? the request, finding that Pantos was no longer good law in light of subsequent statutory developments, and that Defendant failed to make the I bet there are hundreds of thousands of people in California alone where I could read their criminal history (which is essentially all we're doing in this opinion) and say with extraordinary confidence that, if released, they will definitely continue to commit their particular criminal iterations. And be aware of the problem when you're making your own objections as well (or editing the objections that your associates puke out). The guy's a lawyer. It's definitely an exercise in plain language. So he's got that going for him. Case information is updated once an hour throughout the business day. . . the Juarez-Paez family). conspiracy theories, laced with sexism and homophobia, disguised as a legitimate appeal. & Saf. The California Appellate Courts Case Information System provides case information for California Supreme Court and Court of Appeal cases, including copies of opinions, both published and unpublished. Sure. Nor does the Court of Appeal want its timeliness statistics distorted by a case that's just sitting there awaiting a decision by the California Supreme Court. But that's totally not the case here. Ct. App. These are strange and disturbing times, my friends. - Jan. 5, 2021), People v. Skiff (Cal. As well as not exactly the incentive effect we're looking to create. It convinced the trial court (Judge Taylor, down here in San Diego, who's very bright but also definitely a stickler for details), after all. Mind you, I didn't expect that the consequences of these consensual events would be that the sister and the ex-husband killed the brother. Yeah, sometimes it's hard to tell, and sometimes they're merely boilerplate (like here). No witness identified defendant, there was no and her siblings from Judge Nguyen -- who was on the panel -- dissented from the opinion that granted the one habeas petition. And I was not worried about just "finding a job" at the time since I had just won the Harvard Law School's Sears Prize (awarded to the two students with the highest grades in the first-year class), so I my focus instead was on finding a job that I thought I would like and that "fit" me. You'd rather have the marketplace decide; on price, on quality of service, etc. frivolous and bigotry-infused appeal. Her own son was convicted of a DUI Juarez-Paez committed suicide shortly thereafter, and his 15-14. bail companies abiding by the department’s regulations lose business while those Yet the feds come down fairly hard of him, I think. It surely isn't because we think that SVPs can be more effectively "treated" in the "hospital" than the other offenders. A few months after her new Here, we definitely are. Use that holding next time someone makes relevance objections regarding an MSJ. Okay. If so, well, that was definitely the wrong call. Ct. App. Rptr. Ct. App. In the death penalty context, the high court They don't necessarily want to wait until the California Supreme Court decides the issue. App. Sure, at some point, maybe they get too old or infirm to continue to commit their offenses. It's also interesting from a doctrinal perspective, in addition to being practically useful. Justice Currey begins this opinion in an obviously dramatic (and effective) fashion, saying:  "Columbine. A short while later, after a couple of people freak out, the kid realizes what he's done and posts a follow-up that says 'Everyone, it wasn’t real. It's a family fight about the ownership of a cabin on June Lake." The panel hold that there were both substantive and procedural problems with the defendant's objections. placement, M.M. *FREE* shipping on qualifying offers. California Appellate Reports, Supplement: C.A.2d Supp. The Court of Appeal imposes a sanction of $46,000 in attorney's fees, payable to the prevailing party. Not a massive sentence and, in any event, maybe it'll do him some good. Pay it. Ct. App. There's a thing called substantial compliance. So say the juvenile does indeed have a right to show up in court, and that's where the hearing is. As Further, while Section 3051 of the Penal Code, passed in 2013, grants parole eligibility for anyone under 25 years old once they've served a quarter century in prison, that statute doesn't apply to people like Mr. Moseley convicted of various violent sex offenses -- even though it does apply to people 25 years old (or younger) who commit first degree murder. The Court of Appeal holds -- among other things -- that statutes of limitations don't apply to administrative remedies like those applied here. Here's what the judge and prosecutor said below: "The court added, “[B]ased on the direct observations that the Court had in having A presumption that's not conclusive or anything; it's just that, a presumption. To be clear:  Inmates are still allowed to sua sponte tell other inmates that their bail agent was awesome or terrible or whatever.

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