David Ettinger

2 months ago | atthelectern.com | David Ettinger

On Monday morning, the Supreme Court will file its opinion in People v. Hin, an automatic direct appeal from a February 2006 judgment of death. (Briefs here; oral argument video here.) As in most capital appeals, the opinion will likely address many issues. But one in particular might be especially significant. The court’s website does not list issues for death penalty appeals. With good reason. The Hin opening brief alone is a 3-volume, 413-page filing with 20 major headings in its argument section.

2 months ago | atthelectern.com | David Ettinger

For a second week, the Supreme Court didn’t straight grant any cases at its conference yesterday, and the number of other highlights was small. Workers’ compensation grant-and-hold. Tristar Risk Management v. W.C.A.B. is a grant-and-hold for Mayor v. Workers’ Compensation Appeals Board (see here).

2 months ago | atthelectern.com | David Ettinger

Governor Gavin Newsom has asked the Supreme Court to approve a posthumous pardon for Richard Penry. A court recommendation is constitutionally required before a governor can grant clemency to anyone who has been “twice convicted of a felony.” (The request was made three weeks ago, but only today appeared on the court’s docket.)Penry received the nation’s highest military accolade, the Medal of Honor, for his heroics in 1970 during the Vietnam War. He died in 1994 at age 45.

2 months ago | atthelectern.com | David Ettinger

Tuesday, January 28, 2025 11:25 am Justice Goodwin Liu will be the keynote speaker at the 2025 Capital Case Defense Seminar next month. The four-day event in Monterey is billed as “an intensive educational opportunity for anyone involved in, or  considering taking on, the defense of a capital case.”Justice Liu is scheduled to address the attendees on the seminar’s first day, February 14.

Jan 24, 2025 | atthelectern.com | David Ettinger

Malcolm Maclachlan has an extended report in today’s Daily Journal that begins:“California Chief Justice Patricia Guerrero told reporters last week that she would not ‘pick a fight’ with the new administration of President Donald Trump. But Trump may have just picked one with her. “On Wednesday, the administration lifted a ban on conducting immigration enforcement raids in courthouses, schools and other ‘sensitive areas’ where they had been barred under President Joe Biden’s administration.