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  Friday, November 9, 2018  
There will be no LACBA Daily eBriefs Monday, November 12, as the courts are closed in observance of Veterans Day. Publication will resume on Tuesday, November 13. 
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.
Criminal Law and Procedure
A habeas corpus petitioner was entitled to equitable tolling between the date of the one-year Antiterrorism and Effective Death Penalty Act deadline for filing a federal habeas petition and the date he filed his amended federal petition, even if the claims asserted in the original and amended petitions do not share a common core of operative facts. A district court could not consider documentary evidence on the merits of a habeas corpus petitioner's request for an evidentiary hearing on his claims that trial counsel rendered ineffective assistance during the guilt phase where he did not submit that evidence to the state courts in the manner required under state law. Nevada's avoid lawful arrest aggravating circumstance passes constitutional muster. Nevada's one-year deadline for the filing of petitions for post-conviction relief is an independent and adequate state procedural bar to federal review.

Williams v. Filson - filed Nov. 9, 2018
Cite as 2018 S.O.S. 13-99002
Full text click here
Immigration Law
The phrase "particularly serious crime," as used in 8 U.S.C. Sec. 1231(b)(3)(B), is not unconstitutionally vague on its face. Although the statute to some extent provides an uncertain standard to be applied to a wide range of fact-specific scenarios, the inquiry requires consideration of what a petitioner actually did.

Guerrero v. Whitaker - filed Nov. 9, 2018
Cite as 2018 S.O.S. 15-72080
Full text click here
T-Mobile USA Inc. v. Selective Insurance Company of America - filed Nov. 9, 2018
Cite as 2018 S.O.S. 17-35932
Full text click here
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The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
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