Secondary practice area
The Ninth Circuit holds that a California rape conviction under Penal Code section 261(a)(2) is a categorical match for the federal generic definition of rape, qualifying as an aggravated felony and defeating an illegal-reentry defendant’s collateral attack on his prior removal order.
The California Supreme Court reverses Omar Deen’s capital conviction and death sentence because the trial court failed to adequately examine whether a juror who had a personal connection to the murdered police chief harbored actual bias.
Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7’s young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.
First District holds that Sonoma County’s IOLERO has subpoena authority under Government Code section 25303.7 to investigate whistleblower complaints against the Sheriff and orders enforcement of subpoenas issued to deputies.
Fourth District holds that Penal Code section 29820’s firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.
Fifth District holds that Penal Code section 292’s definitions of ‘acts of violence’ and ‘great bodily harm’ are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and convincing evidence.
Fifth District holds that ‘great bodily injury’ in Penal Code section 832.7 carries the long-established Penal Code section 12022.7 definition of significant or substantial physical injury, requiring broader disclosure of police K-9 use-of-force records under the CPRA.
First District holds that an Oakland voter initiative funding the Oakland Zoo violated the California Constitution by naming a private operator, but the offending references can be severed and the measure passed with the required simple majority.
Second District affirms denial of a writ challenge to Los Angeles Mayor Karen Bass’s 2023 housing-and-homelessness emergency declaration, holding section 8.33 of the Los Angeles Administrative Code is not preempted by the California Emergency Services Act.
Second District grants writ of mandate, holding that an indigent petitioner under California’s Racial Justice Act must show only a ‘plausible allegation’ of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that standard.