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  Tuesday, February 19, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
U.S. SUPREME COURT
Criminal Law and Procedure
While a condemned inmate's filings as a pro se litigant are relevant evidence of his ability to communicate, read, and write, the filings lack convincing strength without a determination about whether the inmate wrote the papers on his own. An inmate's adaptive improvements made in prison are not to be relied upon in determining his eligibility for execution. Evidence of a personality disorder or mental-health issue is not evidence that a person does not also have intellectual disability.

Moore v. Texas - filed Feb. 19, 2019
Cite as 2019 S.O.S. 18-443
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A juvenile court did not impermissibly delegate its authority to the probation department to determine the length of the commitment by ordering a minor to be committed until the age of 21, unless he successfully completes a court-designated treatment program, since the juvenile court retains the authority to determine whether and when the minor successfully completes the program and, therefore, whether and when he will be released early from juvenile hall.

In re L.R. - filed Feb. 15, 2019, First District, Div. Five
Cite as 2019 S.O.S. 785
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Criminal Law and Procedure
In every plea in both adult and juvenile court, an implied term is that the judge who accepts the plea will be the judge who pronounces sentence.

People v. Bueno - filed Feb. 19, 2019, Fifth District
Cite as 2019 S.O.S. 788
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Employment Law
A county retirement system's assessment for additional funds to pay a group of retired employees their promised benefits does not represent a retroactive liability. Government Code Sec. 31453.5 clearly gives a county retirement system broad authority to impose assessments against an employer to cover an unfunded liability, as long the employer's current and retired employees are members of the county retirement system.

Mijares v. Orange County Employees' Retirement System - filed Jan. 23, 2019, publication ordered Feb. 15, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 792
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Family Law
The Uniform Voidable Transactions can apply to a premarital agreement in which the prospective spouses agree that upon marriage each spouse's earnings, income, and other property acquired during marriage will be that spouse's separate property.

Sturm v. Moyer - filed Feb. 15, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 798
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MEMBER BENEFIT SPOTLIGHT
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Black History Month

Angel Horacek   Angel J. Horacek
Angel J. Horacek is the principal attorney at the Law Offices of Angel J. Horacek, specializing in employment and civil rights law. Prior to starting her own firm, she was an associate attorney at a large national firm and at a boutique plaintiff’s employment law firm. In addition to employment matters, she has handled general business litigation, product liability, entertainment law, and intellectual property matters.

During law school, Ms. Horacek was an extern for the Honorable Andrew J. Wistrich, Magistrate Judge of the United States District Court, Central District of California.

Ms. Horacek was raised in Los Angeles. She obtained both her J.D. and her B.A. from the University of California, Los Angeles.
 
 
 
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