Background Justice Sotomayor, writing for the majority in Hemphill v. New York, opened with In 2006, a stray 9-millimeter bullet killed a 2-year-old child in the Bronx. The State charged Nicholas Morris with the murder, but after trial commenced, it offered him a plea...
criminal law
How Will the Ninth Circuit’s Decision in United States v. Yates Impact the Future of Federal Fraud Prosecutions?
Beginning in March 2020, the Supreme Court and the Ninth Circuit have decided several significant fraud cases clarifying the contours and applicability of the federal fraud statutes. First, the Ninth Circuit decided United States v. Miller, holding that wire fraud...
Drunk Driving and the Fourth Amendment: How Lange v. California Limits Exceptions to Warrantless Entry
Background When Arthur Lange zipped past police – windows down, music blaring, horn honking – police got suspicious, and their suspicions only grew when Mr. Lange, ignoring the lights and loud commands to pull over, drove on. He pulled into his driveway and stumbled...
Julia Jayne Named Super Lawyer for the 11th Year in a Row
Super Lawyers
The Supreme Court Narrows the Scope of the Computer Fraud and Abuse Act
The Supreme Court’s recent decision in Van Buren v. United States significantly narrows the reach of the Computer Fraud and Abuse Act’s prohibition against exceeding authorization to access information. Before Van Buren, courts were split on the reach of the Act; the...
Primary Caregiver Diversion: How This California Law Looks Towards the Next Generation
When California Penal Code 1001.83 went into effect in January 2020, it was met with little fanfare. In some ways, this was surprising - the passage of 1001.83, or Primary Caregiver Diversion, was - and continues to be - transformative piece of legislation. Why?...
Quarterly Update: How California and the Federal Government Have Addressed Mass Incarceration, COVID-19, and Gun Violence
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
What is the Difference Between Corporal Injury on a Spouse and Domestic Battery in California?
Introduction California’s prohibition against domestic violence consists of two statutes: domestic battery under Penal Code section 243(e)(1) and corporal injury on a spouse under 273.5(a). Even though both statutes criminalize domestic violence, the offenses - and...
AB 1950: California Shortens Probation Length for Most Felony and Misdemeanor Offenses
In September 2020, Governor Newsom signed Assembly Bill (AB) 1950, which shortened the length of probation in both misdemeanor and felony cases. Under this law, probation is capped at one year for misdemeanors and two years for felonies. Of course, there are some...
The Notorious R.B.G.’s Most Influential SCOTUS Cases
Even before she ascended to the highest bench, the Supreme Court felt Ruth Bader Ginsburg’s impact. As an attorney, she argued in front of the Court six times, five of which she won. She went on to become the second woman ever appointed to the Supreme Court of the...