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  Tuesday, March 12, 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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
A defendant's Washington state conviction for felony harassment qualifies as a crime of violence, as defined in U.S.S.G. Sec. 4B1.2. The conviction qualified as a crime of violence under Sec. 4B1.2(a)'s force clause because it necessarily entailed the threatened use of violent physical force. A defendant's Washington state conviction for second degree assault did not qualify as a crime of violence under the force clause of Sec. 4B1.2(a). It also did not qualify as a crime of violence under Sec. 4B1.2(a)'s residual clause because the offense, in the ordinary case, does not present a serious potential risk of physical injury to another, and it is not similar in kind to the crimes listed in the enumerated offenses clause.

United States v. Door - filed March 12, 2019
Cite as 2019 S.O.S. 17-30165
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Criminal Law and Procedure
The strict-liability enhancement of U.S.S.G. Sec. 2K2.1(b)(4), for the commission of a crime with a stolen firearm, is constitutional. The lack of a mens rea requirement in Sec. 2K2.1(b)(4) does not violate due process. The Fifth Amendment permits a sentencing enhancement for possession of a stolen firearm to apply on a strict-liability basis.

United States v. Prien-Pinto - filed March 12, 2019
Cite as 2019 S.O.S. 18-30055
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Indian Law
The Indian Gaming Regulatory Act clearly and unambiguously requires federal recognition by the Secretary of the Interior before a tribe may qualify to participate in Indian gaming. When Congress amended the Frank's Landing Act in 1994, it did not separately authorize the non-federally recognized Frank's Landing Indian Community to engage in Class II gaming.

Franks Landing Indian Community v. National Indian Gaming Commission - filed March 12, 2019
Cite as 2019 S.O.S. 17-35368
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Taxation Law
A testator may only be allowed a deduction for estate tax purposes for what is actually received by a charity.

Dieringer v. Commissioner of Internal Revenue - filed March 12, 2019
Cite as 2019 S.O.S. 16-72640
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A subpoena duces tecum may be issued to a third party in connection with a judgment debtor examination under Code of Civil Procedure Sec. 708.110.

Shrewsbury Management v. Superior Court (Boucher) - filed March 11, 2019, Sixth District
Cite as 2019 S.O.S. 1162
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MEMBER BENEFIT SPOTLIGHT
AI for Attorneys -- by Thomson Reuters 1-800-WESTLAW Artificial intelligence technology is in the news and on lawyers' minds as they consider how advancements in machine learning and automation will affect their industry. Will it become standard? What is "good" legal AI? And how are attorneys using it?

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LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html


LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Women’s History Month

Angela Berry   Angela Berry
Ms. Berry is an accomplished criminal defense attorney who practices in both trial courtrooms and before the appellate courts. Her practice involves a wide range of cases, including the defense of the accused in simple misdemeanor misconduct and those accused of capital murder. She credits her precise and persuasive motion and appellate writing to her clerkship with the California Attorney General’s Office, Criminal Appeals Section, while attending Loyola Law School in the early 1990’s. Her vast experience in the trial courts is a culmination of trying over 50 cases before a jury.

Ms. Berry currently sits as an executive board member of the Indigent Criminal Defense Appointments (ICDA) Program, an arm of the Los Angeles County Bar Association, which provides indigent criminal defendants legal representation when the County’s public defenders’ offices cannot accept the appointments. There, she collaborates with other board members to address policy matters and concerns of the panel members. She also sits as a member of the Billing and Discipline Committee for the same organization. Ms. Berry is actively engaged in, and sits on the Board of, the Criminal Courts Bar Association, an organization of criminal defense attorneys, judges, prosecutors, law students and private individuals, whose stated goals are the protection of individual rights and liberties, improvement of the Criminal Justice System, and continuing education of the Criminal Defense Bar. She is a former Chair of the San Fernando Valley Bar Association’s (SFVBA) Criminal Law Section, where for four years she organized events and MCLE programs that benefit criminal law practitioners. She currently sits on the Attorney Referral Service Committee for the SFVBA.

Ms. Berry is a guest speaker, providing criminal law presentations to civil law firms, high schools, the Daughters of the Revolution, and the defense bar. She is currently preparing presentations in association with the Los Angeles Law Library. She is the mother of two, the step-mother of two, loves running marathons and has climbed Mt. Kilimanjaro.

 
 
 
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