Author: Hastings Law Journal
In these YouTube videos, UC Hastings Professors Manoj Viswanathan, Hadar Aviram, Michael Salerno, Naomi Roht-Arriaza, and Marsha Cohen give detailed descriptions of the propositions on the November 2016 ballot. The explanations include some of the more substantial bill provisions and the arguments for and against each proposition.
Today, the Supreme Court of California will hear oral arguments in People v. Safety National Casualty Insurance Co. That case involves the interplay between California Penal Code (the “Code”) sections 977 and 1305, and whether a defendant’s failure to appear at a scheduled court proceeding can be the basis for an order of bail forfeiture. Ultimately, the court’s decision will likely hinge on exactly what constitutes a required hearing, while balancing statutory requirements against criminal defendant’s due process and fair trial rights. Section 977 requires a felony defendant to appear at certain court proceedings unless he or she signs a waiver...
On the calendar for hearing on October 6, 2015: Howard Jarvis Taxpayers Association et al. v. Padilla The California legislature passed a bill that would have placed an advisory question, in the form of Proposition 49, on the November 2014 ballot for voters to determine whether to call upon the U.S. Congress to overturn Citizens United v. Federal Election Commission (2010). The issue is whether the California legislature had the authority to place a nonbinding measure on the ballot seeking the views of the electorate. The court issued an order to show cause for why the relief prayed for in...
The California Supreme Court has released a proposal seeking comment on whether to: (1) amend the rule on publication of appellate opinions to eliminate the automatic depublication of opinions when the Supreme Court grants review; and (2) amend the rule on citation of opinions to address the citation of published appellate opinions while they are under review and following decision on review. The proposal and detailed background materials are available here; click on “Supreme Court” on the Invitation to Comment website.