Courts, Rulings & Lawsuits | |
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Texas ghost gun manufacturer will have to face lawsuit in California, not Texas
An Austin, Texas-based manufacturer of milling machines that allow people to build their own untraceable guns will have to face a lawsuit brought by the state of California in state court in San Diego after a judge on Friday denied its motion to transfer the case to a federal court in Texas. The state accuses the companies of specifically marketing the machines to Californians wanting to bypass the state’s strict gun laws.
Courthouse News Service
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Supreme Court rules against Republicans in election case against Biden
The U.S. Supreme Court rejected on Monday a Republican challenge to President Joe Biden's executive order aimed at expanding voter registration access. The case, Keefer, Dawn, et al. v. Biden, was filed by Republican lawmakers from Pennsylvania, along with other GOP secretaries of state and members of Congress.
Newsweek
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Amazon will face FTC antitrust allegations in court, judge rules
Nearly all of the Federal Trade Commission’s antitrust lawsuit against Amazon will move forward, according to newly unsealed court records. Federal District Judge John Chun ruled that the central tenets of the FTC’s sprawling lawsuit - that Amazon allegedly engaged in unfair methods of competition and maintained a monopoly - could go to trial. He dropped a few of the claims related to certain state laws.
Seattle Times
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Newsom appoints five to L.A. Superior Court
Gov. Gavin Newsom yesterday announced the appointment of five persons to the Los Angeles Superior Court. All of the Los Angeles Superior Court appointees are Democrats. Newsom made 13 other appointments to superior courts across the state. He selected judges for the counties of Contra Costa, Colusa, Orange, Sacramento, San Bernardino, San Diego, and Sutter. Nine out of the 13 are registered Democrats and the remaining four are unaffiliated.
Metropolitan News-Enterprise
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Statutory presumption does not require finding low-term sentence indefensible
Div. One of this district’s Court of Appeal held in an opinion that was certified for publication on Friday that legislation providing that the low-term sentence must be imposed upon a showing that the defendant has experienced abuse may be overcome by showing aggregating factors outweigh mitigating ones and no additional finding that the imposition of the minimum penalty would be “indefensible” is required.
Metropolitan News-Enterprise
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Kagan shoots down challenge to California ban on gun show sales
U.S. Supreme Court Justice Elena Kagan refused Friday to pause California's prohibition on firearm sales at gun shows hosted on public property. Kagan, a Barack Obama appointee, denied an emergency application from B&L Productions, a gun show operator, which claimed that the Golden State had effectively banned firearm exhibitions, infringing companies’ commercial speech and censoring expressive conduct.
Courthouse News Service
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Ninth Circuit resurrects case alleging Muslim targeting
A complaint alleging violations of the First and Fifth Amendments by the federal government relating to stops at the border - during which the plaintiffs contend they were improperly targeted for secondary screenings and religious questioning due to being Muslim - sufficiently alleges an unwritten, officially sanctioned government policy to establish standing, the Ninth U.S. Circuit Court of Appeals held Friday.
Metropolitan News-Enterprise
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Criticizing U.S. High Court in closing argument is error
A prosecutor’s criticism, during closing argument in a murder trial, of the sentence imposed on a juvenile co-conspirator accused of firing the gun in a drive-by shooting - saying he got off “scot-free” with a five-year sentence “because of the Supreme Court” - amounted to prosecutorial misconduct, Div. Three of the Fourth District Court of Appeal has held.
Metropolitan News-Enterprise
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Justices take up “false statement” dispute and rare capital case
The Supreme Court will hear oral arguments early next year in a case involving a member of one of Chicago’s most prominent political dynasties, a relatively rare capital case, and Mexico’s lawsuit against U.S. gun manufacturers. In a short list of orders, the justices on Friday added 15 new cases to their docket for the 2024-25 term, which starts on Monday.
SCOTUSblog
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TikTok is ‘digital nicotine’ meant to hook kids, AGs fume in new suits
The District of Columbia and 13 states sued social media giant TikTok on Tuesday, accusing the company of knowingly creating an addictive product and getting children hooked with “digital nicotine.” D.C. Attorney General Brian Schwalb brought Washington's suit in the Superior Court for the District of Columbia, asserting that the app’s design - including its algorithm, “infinite scroll,” push notifications, filters and in-app currency - boost the company’s profits at the expense of children’s health.
Courthouse News Service
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Plaintiff in ‘forced marriage’ lawsuit against Church of Scientology can remain anonymous
A woman suing the Church of Scientology on claims of sexual abuse that occurred when she was a minor will remain unnamed, after a Los Angeles County Superior Court judge denied a motion to publicly name her. Jane Doe says she was groomed and sexually assaulted by a then-26-year-old man, Gavin Potter - a recruiter for Sea Org, an elite unit within the church - when she was 16 years old.
Courthouse News Service
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Why feds are taking more criminal cases from Los Angeles County (Video)
The U.S. Attorney’s Office is taking up more cases that would traditionally be handled by the Los Angele District Attorney. The I-Team’s Eric Leonard reports for the NBC4 News at 5 p.m. on Wednesday, Oct. 9. 2024.
NBC4
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Los Angeles DA is slammed after female gang member who only spent four years in prison for double murder is charged with another killing just months after release
A female gang member spent less than four years incarcerated for a double murder due to Los Angeles District Attorney George Gascón’s policies. She has now been charged with another killing just months after her release. In 2019, East Coast Crips member Shanice Dyer shot dead expectant father Alfredo Carrera and his rocket scientist friend Jose Flores, who had just got a job at NASA.
Daily Mail
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Marilyn Manson accuser faults D.A. for waiting two years to act on rape allegation
A “Game of Thrones” actor who has accused Marilyn Manson of rape denounced District Attorney George Gascón on Thursday for waiting more than two years to act on her case. Esme Bianco came forward in 2021, alleging that Manson - whose real name is Brian Warner - raped her and subjected her to violent abuse, including whipping and cutting her and forcing her to take drugs.
Variety
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Flash mob suspects charged in the robbery of Topanga Mall
Three people were charged for allegedly robbing the Westfield Topanga Shopping Center as part of a flash mob that made off with more than $90,000 in merchandise. Joshua Jones, 22; Amaya McDonald, 19; and Justin Jones, 18, were each charged with three counts of robbery, two counts of burglary and one count of retail theft, the Los Angeles Police Department announced in a news release Tuesday.
Los Angeles Times
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LAPD officer charged with assaulting suspect during 2023 domestic violence call
A Los Angeles police officer has been charged with assault connected to the arrest of a domestic violence suspect in 2023, the Los Angeles County District Attorney’s Office announced on Tuesday. The incident occurred on May 29, when LAPD Officer Garo Garabedian responded with other officers to a call at a residence in Los Angeles.
KTLA
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Why the Menendez case, George?
Erik and Lyle Menendez killed their parents. Well, I’m pretty sure they did - they were convicted of it - but the question has always been why. Their first trial, the jury (one jury, even though they were technically tried separately) deadlocked on the charges they murdered their parents, Jose and Kitty Menendez. The first trial allowed them to present evidence they were sexually abused by their father (at least).
California Globe
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His wife was murdered in Pasadena 36 years ago. Then he had to face one of her killers again
The melted chocolate mint ice cream on the counter was the first sign something was wrong. Tony Haro had just gotten home on a cool October evening in 1988 and found a note from his wife, Lois Anne Haro, saying she had left around 7 p.m. for the Pasadena Plaza to buy a gift for a friend’s baby shower the next day. The note instructed her husband not to put the ice cream back in the fridge; she was going to be right back to make an ice cream pie.
Los Angeles Times
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La Jolla businessman 'Ace Rogers' charged with indecent exposure for confrontation at San Diego Marina
A La Jolla businessman is charged with indecent exposure for his behavior during a confrontation aboard his Lamborghini yacht in March. CBS 8 was in the courtroom Monday for the arraignment. “At this time, Mr. Thakore enters a plea of not guilty to both charges,” said the defense attorney in court on behalf of Ajay Thakore, also known as "Ace Rogers" on social media.
CBS8 San Diego
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Group slams Los Angeles district attorney for rising crime in county
A group supporting the opponent of Los Angeles County District Attorney George Gascón is making a six-figure ad buy blaming him for rising crime in the county. The organization, which bills itself as a coalition of labor unions, first responders and small businesses, is supporting Nathan Hochman, a former federal prosecutor and former assistant U.S. attorney general during the George W. Bush administration.
The Hill
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Kathleen Cady: George Gascon must be fired for his incompetence, mismanagement, and betrayal of justice
When violent crime strikes, victims need swift justice and meaningful support to begin their path to healing. Yet, for the past four years, George Gascon has done nothing but undermine the very foundation of justice in Los Angeles County. His policies have not only devastated victims but have shattered entire communities, leaving behind a wreckage that is both heartbreaking and inexcusable.
Pasadena Now
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Correction request to the Los Angeles Times
Your Editorial of October 5, 2024 (“Endorsement: Reelect Los Angeles County Dist. Atty. George Gascón”) contains a significant and provable factual error and I request that you immediately correct this mistake. The Times incorrectly reported that the gun enhancement is duplicative because it adds “extra time for a defendant’s use of a gun when the charges already included armed robbery.” This is factually inaccurate because there is no crime of “armed robbery” under the California Penal Code.
LA ADDA
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Nathan Hochman is taking the ‘hard middle’ approach to the district attorney job
On November 5, Los Angeles voters will get to choose between keeping District Attorney George Gascón in office or electing Nathan Hochman. Gascón, who has held the position since 2020, has drawn his fair share of controversy for his criminal justice reforms, which some believe have led to a jump in crime. The latest statistics from March 2024 show violent crime had increased 2.9% compared to March 2023, and robberies had gone up by 9.5%.
Jewish Journal
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TV ad alert: Nathan Hochman airs new TV ad campaign in race for Los Angeles County District Attorney
Nathan Hochman, the former U.S. Assistant Attorney General running for Los Angeles County District Attorney, today began airing a new television ad campaign that exposes the harm caused by George Gascon’s policies and highlights Hochman’s balanced approach to criminal justice and public safety.
Nathan Hochman News Release
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NewsConference: Nathan Hochman shares qualifications for LA County DA (Video)
Nathan Hochman, candidate for Los Angeles County District Attorney, shares how his experience, proposals and endorsements make him well-equipped for the role.
NBC4
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California Supreme Court rejects bar exam alternative proposal
California's Supreme Court on Thursday rejected a state bar proposal to create a second pathway to earning a law license, one that would not have required passing the bar exam. In an administrative order signed by all seven justices, the court said current law does not authorize the so-called portfolio bar exam, or PBE.
Law.com
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Metropolitan News-Enterprise names six ‘Persons of Year’
Six persons - three jurists and three lawyers - have been named by the Metropolitan News-Enterprise as 2024 “persons of the year” in the legal community, they are Court of Appeal Presiding Justice Arthur Gilbert of this district’s Div. Six, Los Angeles Superior Court Judges Daviann Mitchell and Christopher Frisco, and attorneys Theresa J. “Terri” Macellaro, Robert Greene, and Kathleen Cady.
Metropolitan News-Enterprise
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Judge approves Antelope Valley placement for `Pillowcase Rapist’
Despite opposition from residents, prosecutors and county Supervisor Kathryn Barger, a sexually violent predator known as the Pillowcase Rapist will be allowed to live at a home in the Antelope Valley community of Juniper Hills upon his release from a state hospital, according to a judge's ruling released Tuesday. A judge in Santa Clara County previously ordered that Christopher Hubbart, now 74, be released from a state hospital.
City News Service
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Proposition aims to increase sentencing for drug, property crimes in CA
One of the more divisive measures on the November ballot is Proposition 36. Instead of lessening punishment for drug and property crimes, Prop 36 increases sentencing and, in some cases, requires mandatory drug treatment. “We can all have a state that cares enough to require and provide treatment, and that’s what this is about,” San Jose mayor Matt Mahan said.
KRON
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Meet the new judges who will lead the Los Angeles Superior Court
The Los Angeles Superior Court is made up of dozens of courthouses throughout the county, and the judges themselves elect the person who will oversee it all. They have chosen a new presiding judge, in addition to the judge who will likely succeed him: Judges Sergio Tapia and Ricardo Ocampo. "It is probably the honor of my life to be elected by my colleagues," Tapia said.
ABC7
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Judge denies immunity to Denver officers in right-to-record suit
A man has plausibly claimed Denver police officers arrested him without probable cause of a crime and instead in retaliation for exercising his First Amendment right to record them, a federal judge has ruled. U.S. District Court Chief Judge Philip A. Brimmer rejected the city's motion to dismiss the lawsuit of Kevin Detreville, who was recording with his cell phone inside the vestibule of the District 5 station in northeast Denver immediately prior to his arrest.
Colorado Politics
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Californians’ crime concerns put pressure on criminal justice reform and progressive DAs
Ten years ago, Alley Bean joined 3.7 million Californians in voting for a measure that downgraded many nonviolent felony crimes to misdemeanors, such as petty shoplifting and drug use, hoping it would lead to a more equitable criminal justice system and help end mass incarceration. Since then she has seen an increase in crime in her beloved Venice neighborhood of Los Angeles, with some homes robbed in broad daylight.
AP
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Politicizing government data
There was a time when data compiled by government agencies could be trusted. For generations federal labor statistics, and data on reported crimes, commerce, health, finance, industry, agriculture and even weather were relied upon by both the government and private sector to make policy decisions effecting millions of Americans. It has become apparent in recent years that government data can be manipulated, or even adjusted to favor a political agenda.
California Globe
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San Fernando Valley to get 100 automated license plate readers to fight crime
A San Fernando Valley community is set to receive some 100 automated license plate readers to combat rising crime, Los Angeles officials announced Thursday. LA City Councilmember John Lee said he has allocated $500,000 to have 100 readers, known as ALPRs, installed throughout his 12th Council District to help police identify and locate vehicles linked to crimes.
NBC4 & City News Service
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Central Basin GM inflated salary, benefits by more than $75,000 without approval, report alleges
Lax oversight over Central Basin Municipal Water District’s finances during the tenure of General Manager Alex Rojas led to the misspending of at least $123,000, including more than $75,000 in extra pay and benefits that went to Rojas specifically, according to a newly released forensic examination. Rojas has been on paid leave since February, pending the outcome of this investigation and another equally critical report completed by CRI in June.
Pasadena Star News
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Venice Canal assault victim files $5-million claim against the city of Los Angeles
A woman who was attacked and sexually assaulted while out for a walk on the Venice Canals in April has filed a $5-million claim against the city of Los Angeles, charging that the government was derelict in its duty to provide safe streets and protect its citizens. Mary Klein, 55, who suffered a savage beating that left her with missing teeth and a blood clot in her brain, was attacked around 10:30 p.m. April 6 as she strolled through the upscale seaside neighborhood.
Los Angeles Times
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Thieves target Infiniti and Nissan cars for Valley street takeovers
Videos circulating on social media platforms, explaining how to steal certain models of Infiniti and Nissan cars, may be the reason a dozen of the cars were stolen, wrecked and burned by people participating in at least three street takeovers in the San Fernando Valley Saturday night. Auto theft detectives say the online instructions are relatively easy to follow, and with a device meant for professional locksmiths, they enable thieves to create new electronic keys to unlock and start the cars in minutes.
NBC4
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California 7-Eleven ransacked by mob: Videos
A store clerk was attacked and left bleeding after a huge mob stormed into a California 7-Eleven to loot it in the early hours of Sunday morning. Merchandise and cash from the register were carried away by dozens of thieves who had targeted the site in Anaheim, close to Los Angeles. Police arrived at the store on the 550 block of South Knott Avenue, only to find that the gang had left as quickly as they arrived, according to reports.
Newsweek
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31-year-old man arrested in string of arson fires in downtown Los Angeles
A 31-year-old man suspected in a series of arson fires in downtown Los Angeles going back to July is behind bars. Victor Marias was arrested Thursday and was being held without bail, according to jail records. On July 19, firefighters responded to Kohler Street between Seventh and Eighth streets, where an outdoor fire extended to several commercial buildings, according to the Los Angeles Fire Department.
ABC7
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Dodgers pitcher Walker Buehler robbed of watch at Santa Anita Park in Arcadia
Eyewitness News has learned Dodgers starting pitcher Walker Buehler was robbed of his expensive watch at Santa Anita Park in Arcadia. It's unclear when the incident occurred but ABC7 learned a mob of people surrounded Buehler and his wife, McKenzie Marcinek. That's when someone allegedly unbuttoned his shirt sleeve and took the watch.
ABC7
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California's Prop 36, explained: Increase penalties for theft and drug trafficking
Proposition 36 would reclassify some misdemeanor theft and drug crimes as felonies. The measure would also create a new category of crime - a “treatment-mandated felony.” People who don’t contest the charges could complete drug treatment instead of going to prison, but if they don’t finish treatment, they still face up to three years in prison.
CalMatters
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Convictions/Pleas/Sentences | |
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LASD deputy pleads no contest to 2018 DUI hit-and-run
A Los Angeles County sheriff's deputy pleaded no contest this week to charges connected to a hit-and-run rollover crash before which he may have consumed alcohol, the district attorney announced Thursday. Orlando Sotomayor Flores pleaded no contest Tuesday to a felony count of reckless driving involving alcohol, causing injury; and a misdemeanor county of hit-and-run causing injury, according to the Los Angeles County District Attorney's Office.
Los Angeles Patch
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TD Bank to pay $3 billion after breaking U.S. money laundering rules
TD Bank will pay more than $3 billion in penalties after admitting that it failed to adequately guard against money laundering as well as violations of the Bank Secrecy Act, federal authorities said Thursday. Over a nearly 10-year period dating back to 2014, TD Bank had "long-term, pervasive and systemic deficiencies" in its anti-money laundering policies and controls, according to legal documents cited by the Department of Justice.
MoneyWatch
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Raymond Chan, ex-LA Deputy Mayor linked to Huizar bribery scheme, gets 12 years in prison
Disgraced former Los Angeles Deputy Mayor Raymond Chan was sentenced today to 12 years in federal prison for acting as the intermediary in convicted ex-Councilman José Huizar's City Hall pay-to-play scheme with downtown high-rise developers. Chan, 67, of Monterey Park worked for the city for more than three decades, much of it at the Department of Building and Safety, where he became general manager.
City News Service
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José Huizar begins 13-year prison sentence in corruption case
José Huizar, the former L.A. City Councilmember at the center of one of L.A.’s biggest City Hall corruption scandals in decades, surrendered to the Federal Bureau of Prisons Monday to begin his 13-year prison term, authorities said. Huizar, 56, who pleaded guilty last year to charges of racketeering and tax evasion, is currently in custody at the Federal Correctional Institution Lompoc II, according to a representative of the Federal Bureau of Prisons.
Boyle Heights Beat
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Former San José Police union director pleads guilty to smuggling opioids
The former executive director of the San Jose Police Officers’ Association pleaded guilty on Tuesday to illegally importing opioids. Joanne Segovia entered her plea in San José federal court as part of a deal with federal authorities about a year and a half after she was first charged in connection with an international drug ring that Homeland Security investigators were monitoring.
KQED
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To restore morale, new pick for LA police chief embraces a strategy California desperately needs
Los Angeles Mayor Karen Bass and her newly appointed police chief, Jim McDonnell, signaled something unusual and important on the day of his announcement Friday: Officer morale is important, and it is created in conversation with the community outside the department. That may sound obvious, but it’s a simple truth that has eluded or slipped away from many mayors and chiefs before them - and not just in Los Angeles.
CalMatters
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Prescription pet food scuffle has justices chasing their tails
A fight over prescription pet food forced the U.S. Supreme Court into a tug-of-war between logic and experience on Monday. At issue is whether pet owners Anastasia Wullschleger and Geraldine Brewer can move their case against pet food giants Royal Canin and Nestle Purina over pet food labeling back to a Missouri court instead of a federal court. The justices seemed torn, oscillating between upholding the status quo or justifying an unreasoned ruling.
Courthouse News Service
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U.S. gunmakers get Supreme Court showdown in Mexico’s liability lawsuit over cartel violence
The Supreme Court agreed Friday to review Mexico’s lawsuit seeking to hold U.S. gun manufacturers liable for selling weapons to cartel-linked traffickers. U.S. firearms industry giants led by Smith & Wesson asked the court to review if the production and sale of their weapons in the United States can be linked to cartel violence harming the Mexican government.
Courthouse News Service
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‘Fundamentally misunderstand the facts’: Lin Wood says his ex-law partners are ‘lying’ about his assets in dispute over appellate bond
Onetime attorney L. Lin Wood is vehemently disputing claims by his former law partners over asset values that have taken center stage as he moves to appeal a multimillion defamation verdict against him. Late last week, Wood filed a reply in support of his motion for approval of a supersedeas bond - a court filing intended to stay the judgment of a lower court while the appeals process plays out, while at the same time providing a full financial guarantee should the appeal fail.
Law & Crime
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Deadspin loses bid to toss defamation suit over article accusing young Chiefs fan of racism
A Delaware judge has refused to dismiss a defamation lawsuit against sports website Deadspin over an article accusing a 9-year-old NFL fan and his family of racism because of his game-day attire. The lawsuit was filed by California residents Raul Armenta Jr. and his wife, Shannon, on behalf of themselves and their son, Holden, who attended a game between the Kansas City Chiefs and the Las Vegas Raiders last November.
AP
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DOJ proposes a Google break-up in looming search engine remedy trial
The Justice Department suggested in a proposal Tuesday night that a federal judge could order Google to divest key parts of its business, such as Google Chrome and the Android operating system, to remedy its illegal monopoly. The proposal comes just over two months after U.S. District Judge Amit Mehta ruled that Google operated an illegal monopoly in the search engine market - in which Google dominates 90% of all internet searches - after a nine-week trial in 2023.
Courthouse News Service
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