Archive

Archive for January, 2015

No new cases Monday

January 30, 2015 Comments off

The Cal. Supremes will issue no new cases Monday.

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Cal. Supremes overrule Hofsheier

January 29, 2015 Comments off

Cal. Supremes overrule Hofsheier

Johnson v. Dept. of Justice

S209167

Upon reexamination, we find Hofsheier’s  [People v. Hofsheier (2006) 37 Cal.4th 1185 ] constitutional analysis faulty. In particular, it mistakenly concluded that no rational basis exists for subjecting intercourse offenders and oral copulation offenders to different registration consequences. Although Hofsheier accepted the reasonableness of the Legislature’s determination that, generally, mandatory registration promotes the policy goals of preventing recidivism and facilitating surveillance of sex offenders who prey on underage victims, the decision failed to adequately appreciate that, among sex offenses, intercourse is unique in its potential to result in pregnancy and parenthood. Given that unique potential, legislative concerns regarding teen pregnancy and the support of children conceived as a result of unlawful sexual intercourse provide more than just a plausible basis for allowing judicial discretion in assessing whether perpetrators of that crime should be required to register, while mandating registration for perpetrators of other nonforcible sex crimes.

Like the United States Supreme Court, “[w]e do not lightly reconsider a precedent” and are mindful that “stare decisis is the ‘preferred course’ in constitutional adjudication.” (United States v. Dixon (1993) 509 U.S. 688, 711, 712.) But Hofsheier’s flawed constitutional analysis is having a broad impact, and “ ‘correction through legislative action is practically impossible.’ ” (Payne v. Tennessee (1991) 501 U.S. 808, 828.) Accordingly, we acknowledge the decision was in error and hereby overrule it.

http://www.courts.ca.gov/opinions/documents/S209167.PDF

No new cases Monday

January 23, 2015 Comments off

The Cal. Supremes will issue no new cases Monday.

No new cases yesterday

January 23, 2015 Comments off

The Cal. Supremes issued no new cases yesterday.

No new cases yesterday

January 20, 2015 Comments off

Not surprisingly, the Cal. Supremes issued no new cases yesterday, a court holiday.

No new cases today

January 15, 2015 Comments off

The Cal. Supremes issued no new cases today.

Failure to object to sentencing fees waives the issue

January 12, 2015 Comments off

Failure to object to sentencing fees waives the issue

People v. Aguilar

S213571

“As in the companion case of People v. Trujillo (Jan. 12, 2015, S213687) ___ Cal.4th ___ (Trujillo), we consider whether the appellate forfeiture rule applies to challenges to fees imposed at sentencing, here, probation-related costs and an order for reimbursement of the fees paid to appointed trial counsel under sections 1203.1b and 987.8 of the Penal Code, respectively. We hold that defendant’s failure to challenge the fees in the trial court precludes him from doing so on appeal.”

http://www.courts.ca.gov/opinions/documents/S213571.PDF