In a landmark ruling, the California Supreme Court reversed a death sentence under the Racial Justice Act, holding that the prosecutor’s comparison of a Black defendant to a Bengal tiger constituted racially discriminatory language.
The California Supreme Court affirmed the death sentence for Marcos Barrera, convicted of torturing and killing his two young children in Los Angeles, rejecting challenges including claims under the California Racial Justice Act.
The California Supreme Court reversed Pan’s death sentence after his defense attorney conceded guilt in closing argument against Pan’s express wishes, applying McCoy v. Louisiana. Co-defendant Chhuon’s judgment was largely affirmed.
The California Supreme Court affirmed the death sentence for Alex Demolle, convicted of raping and strangling an 11-year-old girl in Oakland in 1999, rejecting Fourth Amendment and other challenges.
The Colorado Court of Appeals affirmed dismissal of a prisoner’s property-loss claims, holding that the CGIA barred his tort claims because his allegations of willful and wanton conduct were too vague and conclusory, and his challenge to CDOC administrative hearings was time-barred under C.R.C.P. 106(b).
The Arizona Court of Appeals affirmed termination of parental rights despite a close mother-child bond, holding that DCS made diligent reunification efforts and the child’s need for permanency outweighed the bond.
The Colorado Court of Appeals reversed a failure-to-prosecute dismissal, holding that standardized delay prevention orders providing only fourteen days’ notice did not satisfy the thirty-five-day requirement of C.R.C.P. 121, section 1-10(2).
The Arizona Court of Appeals affirmed dismissal of a duplicate lawsuit as time-barred but vacated the attorney fee award because the trial court failed to set forth specific reasons as required by A.R.S. § 12-350.
The California Court of Appeal affirmed dismissal of a sidewalk trip-and-fall lawsuit against the City of West Hollywood, holding that filing suit before the city received the plaintiff’s Government Claims Act claim was a fatal, incurable defect.
The Arizona Court of Appeals vacated a conviction for ‘attempted unlawful flight,’ holding that attempt cannot be layered on top of what is already an inchoate offense under Arizona’s unlawful flight statute.