Free California Courts of Appeal case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | California Courts of Appeal February 3, 2021 |
|
|
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Excessive Complexity of Federal Court Gatekeeping Law | MICHAEL C. DORF | | Cornell law professor Michael C. Dorf explains why Trump v. Sierra Club, a challenge to President Trump’s border wall currently pending before the U.S. Supreme Court, exemplifies the needless complexity of federal court gatekeeping law. Professor Dorf lists the various legal doctrines that restrict access to the federal courts and argues that their number and complexity tend to undercut, rather than serve, justice. | Read More |
|
California Courts of Appeal Opinions | People v. Collins | Docket: F076883(Fifth Appellate District) Opinion Date: February 2, 2021 Judge: Snauffer Areas of Law: Criminal Law | Defendant was convicted of many crimes, including two counts of murder, after he drove his car at nearly 100 miles per hour and collided into a vehicle carrying three young women, two of whom died. A test of defendant's blood revealed the presence of alcohol and phencyclidine (PCP). The Court of Appeal held that the trial court erred in denying defendant's motion to challenge the prosecutor's excusal of a black prospective juror during jury selection. The court explained that its independent review of the record supports a reasonable inference that the prosecutor's excusal was improperly motivated. The panel also concluded that defendant's remaining issues lack merit where the evidence proved implied malice murder; defense counsel was not ineffective; and the trial court properly denied the motion to continue sentencing. Finally, the court concluded that the prior prison term enhancements no longer apply. The court conditionally reversed to resume and conclude the hearing on the motion. | |
|
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. |
|
|