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The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. [3] Because the right to file a special motion to strike is substantive immunity to suit, rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction. [4]
In this case involving the arcana of appellate procedure, research scientists Michelangelo Delfino, Ph.D. and Mary E. Day filed an appeal from a $775,000 defamation judgment for tens of thousands of postings they made on their Website and on various Internet message boards criticizing their former employer, Varian Associates, renamed Varian Medical Systems in April 1999; two senior Varian ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
Only the "three strikes" policy has been deemed illegal by a judge, and the California Supreme Court is set to hear an appeal in that case. Some lawsuits have argued portions of Gascón's policy ...
The Supreme Court declined Monday to take up an appeal from conservative states challenging California’s ability to establish strict vehicle emission rules that effectively set the standard for ...
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
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