Trump’s Coup Failed, But He Gave Republicans a Road Map to Ending Constitutional Democracy…Soon

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan points out that although Trump’s coup failed, Republicans now have in front of them all of the building blocks necessary to impose one-party rule in the United States within the next four years. In this first of a series of columns, Professor Buchanan describes but a few of the available options Republicans have to rig elections in their favor.

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Plascencia v. Deese

Docket: B299142(Second Appellate District)

Opinion Date: January 20, 2021

Judge: Kenneth R. Yegan

Areas of Law: Civil Procedure, Personal Injury

In this highway fatality case, the Court of Appeal held that there has been a miscarriage of justice and thus the court must vacate the $30 million dollar non-economic damage award. The court explained that, in this case, the jury was not permitted to consider the comparative fault of defendants who settled before trial. Therefore, reversal is required for this reason alone. The court also concluded that no substantial evidence appears to support the amount of the damages award, an amount that shocks the conscience and appears to have been influenced by the misconduct and improper argument of respondents' counsel. The court remanded with directions to conduct a new trial limited to determining the amount of the damages award and its apportionment among all defendants, including those who settled before trial.

People v. Moseley

Docket: B303321(Second Appellate District)

Opinion Date: January 20, 2021

Judge: Victoria M. Chavez

Areas of Law: Criminal Law, Juvenile Law

A defendant who was sentenced to 66 years to life for violent sex offenses he committed at age 17 is not entitled to youth offender parole consideration under Penal Code section 3051 on federal and California constitutional equal protection grounds. The Court of Appeal found that a rational basis exists for treating one strike offenders such as defendant differently from other youthful offenders entitled to the benefit of the statute, applying the reasoning and analysis of the court in People v. Williams (2020) 47 Cal.App.5th 475, review granted July 22, 2020, S262229. In this case, defendant was convicted of four counts of forcible rape, one count of forcible oral copulation, and one count of first degree robbery. The court explained that defendant is not similarly situated to those who do not commit violent sex crimes, and his exclusion from youth offender parole consideration is rationally related to a legitimate penal interest.