calpunitives.com
California Punitive Damages: Amicus briefs support SCOTUS review of West Virginia punitive damages award (Quicken Loans v. Brown)
http://www.calpunitives.com/2015/05/amicus-briefs-support-scotus-review-of.html
News and commentary on punitive damages litigation in California and nationwide. This blog is maintained by attorneys at Horvitz and Levy LLP. The nation's largest law firm devoted exclusively to appellate litigation. Subscribe in a reader. Follow us on Twitter. California Civil Code, sections 3294-3296. California Court of Appeal. Clear and Convincing Evidence. Largest Punitive Damages Awards to Survive Appeal. Philip Morris v. Williams. US Court of Appeals: 11th Circuit. US Court of Appeals: 2nd Circuit.
calhomicideappeals.com
California Homicide Appeals: 2/1 again finds instructional error in a kill zone attempted murder case
http://www.calhomicideappeals.com/2016/04/21-again-finds-instructional-error-in.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, April 18, 2016. 2/1 again finds instructional error in a kill zone attempted murder case. When and how to apply the “kill zone”. Theory of attempted murder, which prosecutors frequently argue on when a defendant fires multiple shots into a crowd of people, has caused some disagreement. And Peoplev. Sek. And People v. Canizales. While last week’s decision in People v. Cardona. That there was in...
calhomicideappeals.com
California Homicide Appeals: August 2015
http://www.calhomicideappeals.com/2015_08_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, August 31, 2015. Oral argument today in Jones v. Davis - do delays in CA's death penalty render it unconstitutional? Oral argument in Jones v. Davis. Is today - A 9th Circuit panel is reviewing Federal District Court Judge Cormac J. Carney's ruling. This claim in a direct appeal. Today's LA Times. Friday, August 28, 2015. One in 100,000? At pp 22-23.). That ruling makes sense if your goal is t...
calhomicideappeals.com
California Homicide Appeals: When it comes to kill zone theory, McCloud is alive and well, at least for now
http://www.calhomicideappeals.com/2015/04/when-it-comes-to-kill-zone-theory.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, April 27, 2015. When it comes to kill zone theory, McCloud is alive and well, at least for now. In 2012, People v.McCloud. In 2014, however, two cases out of 4/2 disagreed with McCloud. On this point. People v. Windfield. And People v. Canizales. On another issue) and Canizales. Finds broader support among the intermediate appellate courts. Finding several misstatements of the law in CALJIC No...
atthelectern.com
At the Lectern | Summary of May 13, 2015 conference report for civil cases
http://www.atthelectern.com/summary-of-may-13-2015-conference-report-for-civil-cases
Subscribe in a reader. Follow this blog on Twitter. May 15, 2015. Summary of May 13, 2015 conference report for civil cases. The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, May 13, 2015. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
atthelectern.com
At the Lectern | 6-1 Supreme Court finds no substantial evidence of juvenile’s competency to stand trial
http://www.atthelectern.com/6-1-supreme-court-finds-no-substantial-evidence-of-juveniles-competency-to-stand-trial
Subscribe in a reader. Follow this blog on Twitter. May 18, 2015. 6-1 Supreme Court finds no substantial evidence of juvenile’s competency to stand trial. The Supreme Court today concluded. In re R. V. 8212; the court held that, in a minor’s case, the minor has the burden of rebutting a presumption of competency and that, on appeal, a juvenile court’s determination in a competency proceeding is reviewed deferentially under the substantial evidence test, not de novo. Deferential a substantial evidence tes...
atthelectern.com
At the Lectern | No conference held the week of May 4, 2015
http://www.atthelectern.com/no-conference-held-the-week-of-may-4-2015
Subscribe in a reader. Follow this blog on Twitter. May 6, 2015. No conference held the week of May 4, 2015. The Court is holding no conference this week because it is hearing oral argument in San Francisco. Accordingly, this week no action will be taken on petitions for review and no opinions will be ordered published or depublished. Posted by Brad Pauley at 12:55 PM No Comments. Labels: Weekly conference reports. Mail (will not be published) (required). Laquo; Drug antitrust opinion filing tomorrow.
atthelectern.com
At the Lectern | Trial court erred in not advising defendant of effect of stipulating to a prior conviction. Supreme Court addresses argument not raised in the Court of Appeal.
http://www.atthelectern.com/trial-court-erred-in-not-advising-defendant-of-effect-of-stipulating-to-a-prior-conviction-supreme-court-addresses-argument-not-raised-in-the-court-of-appeal
Subscribe in a reader. Follow this blog on Twitter. May 18, 2015. Trial court erred in not advising defendant of effect of stipulating to a prior conviction. Supreme Court addresses argument not raised in the Court of Appeal. People v. Cross. A unanimous Supreme Court today holds. Of interest to Supreme Court practitioners generally is that the court addressed an argument when it wasn’t required to do so. The Attorney General argued that the. Posted by David Ettinger at 11:30 AM No Comments. The nation's...
