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Topic: Supreme Court of California

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In the News (Sat 17 Aug 19)

  News: California Supreme Court allows arrests of hundreds paroled sex offenders | offenders, court, law, sex, last - ...
Court is deciding whether Jessica's Law is constitutional as it applies to four parolees.
The court previously blocked the state from arresting four parolees who claimed the law is too vague and unfairly punishes offenders after they are released from prison.
The Supreme Court is considering whether Jessica's Law is constitutional as it applies to the four parolees, meaning attorneys representing additional sex offenders could simply wait for a decision.
www.ocregister.com /news/offenders-court-law-1892939-sex-last   (785 words)

  Supreme Court of California - Wikipedia, the free encyclopedia
According to the California Constitution, to be considered for an appointment, a person must be an attorney admitted to practice in California or have served as a judge of a California court for 10 years immediately preceding the appointment.
The most obvious difference is that California citations always have the year between the names of the parties and the reference to the case reporter, as opposed to the national standard (the Bluebook) of putting the year at the end.
California judges are traditionally not supposed to use certain ungrammatical terms in their opinions, which has led to embarrassing fights between judges and the editor of the state's official reporters.
en.wikipedia.org /wiki/California_Supreme_Court   (1024 words)

 California Supreme Court: People v. Mower
The Court of Appeal also rejected a claim by defendant that the trial court erred by failing to instruct the jury on a section 11362.5(d) defense based on a theory that he was a qualified primary caregiver, determining, among other things, that such an instruction would not have been supported by substantial evidence.
Defendant contends that the Court of Appeal erred by rejecting his claim that the trial court improperly failed to instruct the jury on a section 11362.5(d) defense based on a theory that he was a qualified primary caregiver.
In its charge to the jury, the trial court instructed that defendant bore the burden of proof as to the facts underlying this defense, and that he was required to prove those facts by a preponderance of the evidence.
www.chrisconrad.com /expert.witness/mowerdecision.htm   (6437 words)

 Supreme Court of California - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-19)
Justices of the Supreme Court of California (circa.
According to the, to be considered for an appointment, a person must be an attorney admitted to practice in California or have served as a judge of a California court for 10 years immediately preceding the appointment.
Both the California Supreme Court and all lower courts use a different writing style and citation system from the federal courts and many other state courts.
www.novato.us /project/wikipedia/index.php/Supreme_Court_of_California   (747 words)

 Appellate Law & Practice: California Supreme Court
L’Oreal, and claiming that the California Supreme Court recognizes “ugliness” as a protected class, I feel obligated to say that the plaintiff (who, apparently, was pretty, but strong-headed) alleged that she was fired for failing to fire a dark-skinned woman.
Superior Court, in which the Sixth District Court of Appeal held that an affidavit of fault signed by a Portugese attorney (i.e., not licensed to practice in CA) was sufficient to trigger mandatory relief from default provisions of the California Code of Civil Procedure.
Today, the California Supreme Court issued a 7-0 decision, in a lawsuit involving a company managing Bing Crosby's remaining business interests, that an attorney-client privilege ceases to exist after the privilege holder dies, his estate is probated, and the executor of the estate is discharged.
appellate.typepad.com /appellate/california_supreme_court   (8122 words)

 KOLO | Supreme Court Upholds California Three-Strike Law
The Supreme Court on Wednesday upheld long sentences meted out under the nation's toughest three-time offender law, ruling that a prison term of 25 years to life is not too harsh for a small-time thief who shoplifted golf clubs.
California's three-strikes-and-you're-out law does not necessarily lead to unconstitutionally cruel and unusual punishment, the court said, even though a relatively minor crime can yield a life term if the criminal has a felony record.
California's law was adopted by referendum in 1994, largely in response to the murder of schoolgirl Polly Klass by a repeat criminal who was out on parole.
www.kolotv.com /news/headlines/242651.html   (762 words)

 Schmier v. Supreme Court of California
The California Rules of Court provide that no opinion of the Court of Appeal may be published in the Official Reports unless it meets one of four criteria.
Appellant sought injunctive relief and a writ of mandate to compel respondents, the Supreme Court of California, the Court of Appeal of California and the Judicial Council of California, to publish all appellate opinions and to enjoin them permanently from enforcing the rules governing publication.
The "condition" appellant' s action sought to change was the enforcement of the rules of court governing the publication of appellate opinions, alleged by appellant to be unconstitutional under various provisions of the federal and state constitutions and violative of Civil Code section 22.2.
www.law.com /regionals/ca/opinions/mar/a094408.shtml   (2431 words)

 The California Supreme Court Historical Society
The advances in court technology were reflected in several ways, culminating in the purchase of the first computers for the general use of the justices and their staffs.
I was the beneficiary of a new policy implemented by her whereby trial judges and justices of all courts could be assigned to sit with this court in the absence of a Supreme Court justice.
While she was well aware of the role of the Supreme Court as a court which set precedent, she firmly believed that the court must hear cases to do justice, especially for those whose access to the legislative or executive branches was limited or denied.
www.cschs.org /02_history/images_c/02_c_bird.html   (5007 words)

 CCAP High Court: Pending California Supreme Court
Did the trial court err in instructing the jury that all employees have constructive possession of their employer's property during a robbery, and, if so, what is the proper standard for determining whether an employee has constructive possession of the employer's property during a robbery?
When a child has been declared a dependent ward of the court and the court has approved a plan for reunification of the child and a parent, can the parent be held in contempt of court and incarcerated for failure to comply with a component of the reunification plan?
The court has issued an order to show cause limited to the issue of whether a juror prejudged the penalty decision, thereby depriving the defendant of his right to a fair and impartial jury under the Sixth Amendment to the United States Constitution, and article I, section 16 of the California Constitution.
www.capcentral.org /high_court/pending_cal.aspx   (4317 words)

 California Supreme Court Decision   (Site not responding. Last check: 2007-10-19)
The first issue considered by the Supreme Court was whether "under standard comprehensive or commercial general liability insurance policies, site investigation expenses may constitute defense costs that the insurer must incur in fulfilling its duty to defend." Aerojet at 15557.
The Supreme Court reversed, stating that whatever duty to defend each insurer may have, that duty was not affected by Aerojet's subsequent decision to be uninsured for several years.
The Supreme Court disagreed, holding: "If specified harm may possibly have been caused by an included occurrence and may possibly have resulted, at least in part, within the policy period, the duty to defend perdures to all points in time at which such harm may possibly have resulted thereafter." Aerojet at 15561.
www.smrh.com /publications/pubview.cfm?pubID=34   (983 words)

 The California Supreme Court Historical Society
Requests to courts, chambers of commerce, local and state libraries, county historical societies, and others who might have a desired photograph somewhere on a back shelf, finally resulted in a wonderful display at the State Building of the varied locations in which California’s trial courts have held proceedings over the past 150 years.
The Legislature directed the court to hold its terms in San Francisco through the end of 1851, and thereafter “at the seat of Government.” But it wasn’t clear where the seat of government was — San José, Vallejo, Benicia, Sacramento, and San Francisco all vied for the honor.
From its rather humble and fitful beginnings, the California Supreme Court has grown to preside over the largest judicial system on earth—it is far larger than the federal judiciary, or that of any country—and it has become one of the most respected and influential courts in the nation.
www.cschs.org /02_history/02_e.html   (3058 words)

In all three cases, the Court held that when a couple deliberately brings a child into the world through the use of assisted reproduction, both partners are legal parents, regardless of their gender or marital status.
"The California Supreme Court made legal history today by holding, in three separate decisions, that children born to same-sex couples must be treated equally to other children and thus have a legally protected relationship to both partners," said Courtney Joslin, NCLR Senior Staff Attorney who argued one of the case before the California Supreme Court.
In today's ruling, the California Supreme Court strongly affirmed the trial court's ruling that Elisa is a legal parent who cannot simply walk away from her obligation to support the two children she agreed to bring into the world.
www.nclrights.org /releases/pr-parenting_082205.htm   (721 words)

 California Courts: Opinions of the Supreme Court and Courts of Appeal
Court of Appeal opinions are routinely posted within a few hours of filing.
Supreme Court opinions are normally filed at 10:00 a.m.
Unpublished Court of Appeal opinions are available for a limited time after filing here.
www.courtinfo.ca.gov /opinions   (252 words)

 [No title]
The California Tort Claims Act of 1963 provides for indemnification of public employees against liability, absent bad faith, and also permits such employees to insist that their defenses be conducted at public expense.
The judgment of the superior court in favor of defendants Atkinson, Beall, Brownrigg, Hallernan, and Teel is affirmed.
The judgment of the superior court in favor of defendants Gold, Moore, Powelson, Yandell, and the Regents of the University of California is reversed, and the cause remanded for further proceedings consistent with the views expressed herein.
faculty.ircc.edu /FACULTY/ECohen/Tarasoff2.doc   (10610 words)

 CNN - Supreme Court kills California welfare limits for newcomers - May 17, 1999
The ruling overturned a decision by the military's highest court that barred dismissal of any commissioned officer jailed for more than six months on the grounds that dismissal was double jeopardy -- a second punishment for the same offense.
The court, without comment, turned away the smokers' argument that their case should be certified as a class action on behalf of all smokers in the state.
California lawmakers enacted lower welfare benefits for newcomers to save money and eliminate any incentive people might have to move to that state to get a higher welfare check.
www.cnn.com /US/9905/17/scotus.02   (702 words)

 USATODAY.com - Supreme Court debates California death penalty case   (Site not responding. Last check: 2007-10-19)
His sentence was upheld by the California Supreme Court, which also found that two of the special circumstances — whether the crime was committed during a burglary and was cruel or heinous — invalid.
An attorney for California, Jane N. Kirkland, argued that the aggravating factors were just one element jurors considered in sentencing Sanders to die, and the fact that two were invalid would not have changed the outcome.
If the court agrees with the 9th Circuit that Sanders' death sentence should be overturned, death row inmates in California and other states with questions about factors considered in their sentencing could have a new basis for appeals.
www.usatoday.com /news/washington/2005-10-11-scotus-death-penalty_x.htm   (495 words)

 Milestone Cases in Supreme Court History
The Court held that the New York law was unconstitutional, since the power to regulate interstate commerce, which extended to the regulation of navigation, belonged exclusively to Congress.
The Supreme Court overturned the conviction, ruling that criminal suspects must be warned of their rights before they are questioned by police.
The Supreme Court of Canada and judicial legitimacy: the rise and fall of Chief Justice Lyman Poore Duff.
www.infoplease.com /ipa/A0101289.html   (1208 words)

 High Court in Calif. Nullifies Gay Marriages (washingtonpost.com)
The court's rulings focused only on the narrow question of whether San Francisco Mayor Gavin Newsom had the right to legalize same-sex marriage -- not the larger issue of whether the ban on such unions is constitutional.
Some city officials had thought the court might keep the same-sex marriages valid at least until it decides whether the ban on such unions is constitutional.
The California Supreme Court halted the marriages in March at the request of the state's attorney general, Bill Lockyer (D), and conservative groups that oppose same-sex unions.
www.washingtonpost.com /wp-dyn/articles/A61169-2004Aug12.html   (1028 words)

 Vote for Judges: California & gay marriage
I expect there'll be an appeal to the California Court of Appeal, and the issue will eventually be decided by the California Supreme Court.
Given my sense of the California Supreme Court's moderately conservative (generally speaking) jurisprudential philosophy, I think the court is likely to hold that the opposite-sex-only requirement is indeed constitutional.
Why is it that, in one of the bluest states in the country, the California Supreme Court has a "moderately conservative...
voteforjudges.blogspot.com /2005/03/california-gay-marriage.html   (294 words)

 State Supreme Court Strengthens California's Fetal Murder Law   (Site not responding. Last check: 2007-10-19)
California's Supreme Court strengthened the state's fetal murder law Monday by ruling that the murder of a pregnant woman counts as two homicides, even if the perpetrator is unaware of the pregnancy.
The 6-1 decision overturns a 2002 lower court ruling that said a killer must know the victim was pregnant to be guilty of killing an unborn child.
California's fetal-murder law was first passed by the California Legislature in 1970.
www.kxtv10.com /storyfull.asp?id=6820   (196 words)

 HUNT-WESSON, INC. v. FRANCHISE TAX BOARD OF CALIFORNIA -- US Supreme Court Cases from Justia & Oyez
California's "unitary business" income-calculation system for determining that State's taxable share of a multistate corporation's business income authorizes a deduction for interest expense, but permits (with one adjustment) use of that deduction only to the extent that the amount exceeds certain out-of-state income arising from the unrelated business activity of a discrete business enterprise, i.
Held: Because California's interest deduction offset provision is not a reasonable allocation of expense deductions to the income that the expense generates, it constitutes impermissible taxation of income outside the State's jurisdictional reach in violation of the Federal Constitution's Due Process and Commerce Clauses.
If California could show that its deduction limit actually reflected the portion of the expense properly related to nonunitary income, however, the limit would not, in fact, be a tax on that income, but merely a proper allocation of the deduction.
www.justia.us /us/528/458   (852 words)

 Supreme Court rejects California's case against energy companies   (Site not responding. Last check: 2007-10-19)
The court's decision Monday not to hear the case lets stand a July ruling by the 9th U.S. Circuit Court of Appeals which said California courts don't have jurisdiction over the dispute between the state and several energy companies.
California Attorney General Bill Lockyer's lawsuits against Reliant Resources, Inc., Dynegy Inc., and other energy companies alleged that the generators reaped millions by being paid to hold power in emergency reserve that they then sold on the open market.
At a court hearing in San Diego Thursday, the attorney general's office argued that FERC was wrong to limit how much California could recover by preventing the state from getting refunds on sales early in the power crisis and on sales made directly to the state, rather than through the spot market.
www.sfgate.com /cgi-bin/article.cgi?file=/news/archive/2005/04/18/state/n111948D09.DTL   (408 words)

 California Courts: Courts: Supreme Court
The Supreme Court of California: history, practices, and procedures
The results of the court's weekly conferences are presented here in tabular format.
Conferences are generally held on Wednesdays and the results posted in the afternoons, as soon as compilation is completed.
www.courtinfo.ca.gov /courts/supreme   (196 words)

 FindLaw California: Case Law
Supreme Court and Court of Appeals Slip Opinions Includes slip opinions of the California Supreme Court and California Appellate Courts within the last 60 days; includes links to archived opinions.
Supreme Court and Court of Appeals Slip Opinions - Archive From the Judicial Branch of California.
California Supreme Court Records & Briefs Index UC Hastings has a collection of volumes containing Records and Briefs for the California Supreme Court for the period 1906 through 1978.
california.lp.findlaw.com /ca02_caselaw   (515 words)

 FullosseousFlap’s Dental Blog » California Supreme Court
The state notified federal court officials that it is unable to comply with a judge’s order to have a lethal overdose of barbiturate administered to Morales by a medical professional in the execution chamber, a spokeswoman for the federal courts told The Associated Press.
Appellate Judge Carol A. Corrigan, a former prosecutor, was sworn in Wednesday to the California Supreme Court after being confirmed to replace the most conservative justice on the state’s highest court.
Corrigan, 57, who until her confirmation was on the 1st District Court of Appeal in San Francisco, is a former trial judge and Alameda County prosecutor and was elevated to the appeals court in 1994 by former Republican Gov. Pete Wilson after changing her voter registration from Democrat to Republican.
flapsblog.com /?cat=75   (3253 words)

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