If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

California Courts of Appeal
June 24, 2020

Table of Contents

California v. Mayfield

Constitutional Law, Criminal Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

Trump’s Upcoming Refusal to Leave Office: The Good News

NEIL H. BUCHANAN

verdict post

In this two-part series of columns, UF Levin College of Law professor Neil H. Buchanan discusses some new reasons for guarded optimism that Americans are beginning to recognize—and thus might be able to mitigate—the danger Donald Trump represents to American democracy. In this first part, Buchanan grounds his guarded optimism in Joe Biden’s expressly voicing concern that Trump will not leave the White House if he loses the election.

Read More

How the President and Attorney General Could Have Avoided the Geoffrey Berman Debacle

VIKRAM DAVID AMAR

verdict post

Illinois Law dean and professor Vikram David Amar comments on the recent dispute over the U.S. Attorney for the Southern District of New York and explains what President Trump and Attorney General Barr could have done to avoid the problem altogether. Amar describes a process that, if followed, could have allowed the administration to appoint their first-choice candidate without causing the controversy in which it now finds itself.

Read More

California Courts of Appeal Opinions

California v. Mayfield

Docket: G057970(Fourth Appellate District)

Opinion Date: June 23, 2020

Judge: William W. Bedsworth

Areas of Law: Constitutional Law, Criminal Law

Respondent Tyson Mayfield had an extensive criminal record that included multiple acts of violence against racial minorities. As a third-strike defendant, respondent was facing a mandatory prison sentence of 25 years to life. However, the trial court dismissed one of his prior strike convictions in the interest of justice under Penal Code section 1385 and sentenced him to five years in prison. The district attorney contended the dismissal constituted an abuse of discretion, and the Court of Appeal agreed. "Everything about respondent’s crime and his record shouts for application of the Three Strikes law. There is nothing about his criminal history or personal character that suggests he somehow falls outside the spirit of the Three Strikes law. We therefore reverse the judgment and remand the matter for further proceedings."

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043