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  Monday, October 15, 2018  
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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
The rigorous discovery standard set forth for selective prosecution claims in U.S. v. Armstrong do not apply strictly to requests for discovery on a selective enforcement claim in a stash house reverse-sting operation case. A defendant need not proffer evidence that similarly-situated individuals of a different race were not investigated or arrested to receive discovery on a selective enforcement claim like the defendant's.

United States v. Sellers - filed Oct. 15, 2018
Cite as 2018 S.O.S. 16-50061
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A trial court erred in relying upon the preliminary hearing transcript to support a finding that the defendant's prior felony assault conviction was a serious felony.

People v. Hudson - filed Oct. 5, 2018, publication ordered Oct. 12, 2018, Fifth District
Cite as 2018 S.O.S. 4993
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Criminal Law and Procedure
A defendant is entitled to credit for all days in presentence custody including the day of arrest and the day of sentencing. The 2006 amendment to Penal Code Sec. 667.61(j) eliminated defendants' eligibility for conduct credit. Penal Code Sec. 209(d) prohibits punishment under Sec. 667.61 and Sec. 209(b) for the same act.

People v. Adams - filed Oct. 4, 2018, publication ordered Oct. 12, 2018, Second District, Div. Five
Cite as 2018 S.O.S. 4998
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Modification
People v. Adams - filed Oct. 12, 2018, Second District, Div. Five
Cite as 2018 S.O.S. 5005
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Modification
California Department of State Hospitals v. A.H. - filed Oct. 15, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 5006
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LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Mihaly Schuyler & Mitchell  for supporting #LACBA_DVP #31DaysofAwareness campaign to raise funds to support the DVP’s ongoing efforts to help #domesticviolence victims obtain Temporary Restraining Orders and other legal remedies to protect them from their abusers. To learn more or donate to DVP, CLICK HERE.

 



LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Roth Family Foundation—Sukey and Gil Garcetti for supporting #LACBA_DVP #31DaysofAwareness campaign to raise funds to support the DVP’s ongoing efforts to help #domesticviolence victims obtain Temporary Restraining Orders and other legal remedies to protect them from their abusers. To learn more or donate to DVP, CLICK HERE.




LACBA Celebrates 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Hispanic Heritage Month

 

Hon. Carlos R. Moreno (Ret.)
Hon. Carlos R. Moreno (Ret.) has had a distinguished 25-year career on the judiciary, including ten years on the California Supreme Court. During his tenure, Justice Moreno authored over 140 majority opinions on a wide range of precedent setting cases, including significant opinions implicating LGBT rights, arbitration, and insurance policy coverage. Previously, he served fifteen years as a trial judge in state and federal courts presiding over hundreds of trials covering the full spectrum of criminal and civil litigation. Most recently, Justice Moreno served as United States Ambassador to Belize where he made great strides in advancing citizen security within Belize and the region, focusing on citizen protection, economic development, and governance.

Justice Moreno is a first-generation Mexican-American and fluent Spanish speaker. He was the third Latino to serve on the Supreme Court of California. Justice Moreno has been honored with numerous accolades for his work on and off the Bench, recognizing his commitment to equality and justice, his pioneering accomplishments as a Mexican-American, and his work in child advocacy. He has served on numerous community-based organization boards. He is currently a neutral with JAMS.

 
 
 
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