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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.
Defendant convicted in Los Angeles County Superior Court; conviction affirmed by California Court of Appeal; California Supreme Court declined review, and the U.S. Supreme Court granted certiorari, 535 U.S. 969 (2002). Holding; California's three strikes law does not violate the Eighth Amendment prohibition against cruel and unusual punishment.
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.
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 ...
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes. Public employees cannot use labor law to sue employers ...
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 .
Burnham v. Superior Court of California, 495 U.S. 604 (1990), was a United States Supreme Court case addressing whether a state court may, consistent with the Due Process Clause of the Fourteenth Amendment, exercise personal jurisdiction over a non-resident of the state who is served with process while temporarily visiting the state.
After the Supreme Court sided with the federal government in the Texas v. New Mexico water case, the parties are going back to the drawing board. Texas sued New Mexico over Rio Grande Water.