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Thursday, December 28, 2017 |
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| LACBA.ORG | EBRIEFS ARCHIVE | CALENDAR | MEMBERSHIP BENEFITS |
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 NINTH U.S. CIRCUIT COURT OF APPEALS Criminal Law and Procedure
A state court's alternate ruling on the merits of a defendant's ineffective assistance of counsel claim does not allow a federal court to ignore the state court's finding of procedural default, but it does not bar a federal court from considering whether there is cause and prejudice excusing the default.
Apelt v. Ryan - filed Dec. 28, 2017
Cite as 2017 S.O.S. 15-99013
Full text click here >
Employment Law
The district court committed instructional error by conflating the elements of plaintiff's disparate-treatment and failure-to-accommodate claims since a failure-to-accommodate claim "is analytically distinct from a claim of disparate treatment or impact under the Americans with Disabilities Act." The error was harmless where the employer knew, or should have known, of the worker's desire for a reasonable accommodation. An employer was not entitled to a JMOL where the employer had notice of a worker's limitations, refused to consider or implement her proposed accommodations, and failed to articulate any undue hardship.
Dunlap v. Liberty Natural Products - filed Dec. 28, 2017
Cite as 2017 S.O.S. 15-35395
Full text click here >
CALIFORNIA SUPREME COURT
Criminal Law and Procedure
The prosecution must prove a petitioner's ineligibility for resentencing under the Three Strikes Reform Act by proof beyond a reasonable doubt.
People v. Frierson - filed Dec. 28, 2017
Cite as 2017 S.O.S. 6441
Full text click here >
Criminal Law and Procedure
During a retrial on a second-degree murder charge, after a prior jury failed to reach a verdict on that charge, but convicted the defendant of a lesser charge, the new jury should not be informed of the specific convictions that resulted from the previous jury's deliberations. If a party requests it, the judge can issue an instruction to prevent the new jury from wrongly assuming that an acquittal on the murder charge would result in the defendant escaping criminal liability altogether, without introducing matters that are extraneous to the retrial.
People v. Hicks - filed Dec. 28, 2017
Cite as 2017 S.O.S. 6446
Full text click here >
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MEMBER BENEFIT SPOTLIGHT
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© 2017 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2017, all rights reserved.
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