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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 | | 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 | | 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 |
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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." | |
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