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Election 2008
Will There Be A Hollywood Ending To The Dramatic Story Of Clinton Vs. Obama?
by JOHN W. DEAN
Presidential Candidates vs. Hate
Why Obama And McCain Should Repudiate The Messages Of Their Extremist Religious Endorsers
by MARCI HAMILTON
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| US Court of Appeals - Ninth Circuit |
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- USA v. HINKSON [11/05]
Criminal Law & Procedure
The Ninth Circuit re-states its "abuse of discretion" standard of review, which now requires it to: 1) consider whether the district court identified the correct legal standard for decision of the issue before it; and 2) determine whether the district court's findings of fact, and its application of those findings of fact to the correct legal standard, were illogical, implausible, or without support in inferences that could be drawn from facts in the record. Defendant's murder for hire conviction is affirmed where, applying the re-stated standard, the district court did not abuse its discretion in denying defendant's motion for a new trial. - USA v. REYES [11/05]
- CONGREJO INVESTMENTS v. MANN [11/05]
Bankruptcy Law, Civil Procedure
In a bankruptcy adversary action seeking avoidance of the transfer of a parcel of real property from the debtor to defendant, defendant's appeal from the Bankruptcy Appellate Panel's (BAP) affirmance of the bankruptcy court's ruling that the doctrine of equitable tolling applied to the trustee's filing of the proceeding is dismissed where the BAP's order was nonfinal.
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| California Supreme Court* |
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- P. v. Delgado 5/29/08 SC [5/29/2008]
Criminal Law & Procedure, Sentencing
In a prosecution for second degree robbery with a dangerous and deadly weapon and commercial burglary, the judgment is affirmed over defendant's claim that the abbreviated notation "Asslt w DWpn" on an abstract of judgment for a prior conviction was insufficient to prove that such conviction had occurred under the deadly weapon prong of Penal Code section 245(a)(1), and was thus for a serious felony. http://caselaw.findlaw.com/data2/californiastatecases/s141282.pdf - P. v. Miles 5/29/08 SC [5/29/2008]
Criminal Law & Procedure, Sentencing
A sentence for multiple felony offenses, enhanced under the "Three Strikes" law, is affirmed where: 1) the evidence strongly supported an inference that "armed bank robbery” and "kidnapping" notations on a 1976 federal judgment form were intended to describe a conviction for conduct which, under California law, constitutes the serious felony of bank robbery; and 2) thus, there was a sufficient evidentiary basis for a finding that the prior conviction at issue was for a "serious felony" for enhancement purposes. http://caselaw.findlaw.com/data2/californiastatecases/s140413.pdf - P. v. Richardson 5/22/08 SC [5/22/2008]
Criminal Law & Procedure, Evidence, Sentencing
On automatic appeal for a sentence of death, the judgment is affirmed over claims of error regarding: 1) the prosecution's use of peremptory challenges to excuse any prospective juror who expressed reservations about the death penalty and religious affiliation; 2) the excusal of jurors for cause who stated that they could not impose the death penalty; 3) a denial to excuse a potential juror who revealed she would vote automatically for death; 4) an affidavit submitted for a warrant; 5) suppression of a post-arrest statement arising from an unnecessary delay in his arraignment; 6) whether the post-arrest statement should have been excluded because it was involuntary; 7) due process and right to counsel violations arising from relieving the public defender based on a conflict; 8) application of Proposition 115 to defendant's case; 9) admission and exclusion of certain evidence; 10) a prosecutorial decision involving a witness; 11) prosecutorial misconduct in presenting inconsistent theories; 12) sufficiency of evidence regarding lewd conduct; 13) erroneous instruction on sodomy as a basis for felony murder; 14) references to innocence in CALJIC Nos. 1.01, 2.01, 2.51 and 2.52; 15) cumulative effect of guilty phase errors; 16) double counting of special circumstances and consideration of sodomy special circumstance; 17) several evidentiary rulings; 18) denial of motion for modification of death verdict; 19) intercase proportionality; 20) instructional error; 21) challenges to the death penalty statute; 22) international law; 23) prosecution delay; 24) missing transcripts; 25) cumulative error; and 26) incorporation by reference of habeas corpus petition claims. However, the case is remanded on the issue of restitution as the issue should be considered in light of the currently applicable statute. http://caselaw.lp.findlaw.com/data2/californiastatecases/s029588.pdf
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