By C. Ryan Barber | May 29, 2020
Judges are not "mere scriveners of whatever dismissal the government places before them," the former judges said in their brief, filed by lawyers from Keker, Van Nest & Peters.
By Alaina Lancaster | May 27, 2020
The split panel found the execution of the warrant was unreasonable under the Fourth Amendment since the "primary purpose" was to gather information on a criminal case.
By Alaina Lancaster | May 19, 2020
The California Supreme Court heard arguments raising the same legal question that the U.S. Supreme Court declined to take up Monday: whether social media companies violate criminal defendants' Sixth Amendment and due process rights when they refuse to comply with subpoenas.
By Cheryl Miller | May 4, 2020
"The time-sensitive nature of this crisis—and it is a crisis—makes this disappointing," Peter Eliasberg, an attorney for the ACLU of Southern California representing the petitioners, said.
By Cheryl Miller | March 20, 2020
Merced County Superior Court Judge Carole Ash declared a mistrial and advised everyone in the courtroom to talk to the public health department or a doctor. The court's executive officer released a statement saying the courtroom will be disinfected.
By Alaina Lancaster | March 9, 2020
California's First District Court of Appeal passed on the case's constitutional questions, writing that the California Supreme Court is teed up to answer whether barring defendants from obtaining electronic communications truly prevents them from presenting a complete defense.
By Lara Yeretsian | March 5, 2020
Despite emerging support for shorter prison terms and more rehabilitation, most low-level nonviolent offenders still end up behind bars for lengthy periods, and mentally ill inmates remain incarcerated under conditions that would try anybody's sanity.
By Ross Todd | February 27, 2020
Although a Ninth Circuit panel upheld a federal judge's refusal to vacate the former Arizona sheriff's guilty verdict for criminal contempt in the wake of a 2017 pardon from President Donald Trump, Arpaio's lawyer said the ruling "gave us exactly what we asked for … that the judge's finding of guilt is legally meaningless."
By Alaina Lancaster | February 24, 2020
Although California's First District Court of Appeal did not rule on the constitutional questions raised in the appeal, the court blocked the attorney general's attempt to impose warrantless device searches on a teenage girl convicted of felony assault, as the state's courts continue to the shape the case law around electronic privacy for criminal offenders.
By Alaina Lancaster | Ross Todd | February 10, 2020
The U.S. Court of Appeals for the Ninth Circuit announced its decision denying an en banc rehearing of a case that affirmed a preliminary injunction requiring a prison to provide an incarcerated trans woman sex-reassignment surgery. The dissenting judges criticized the lower court's decision to mandate "an evolving standard of care."
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