CALIFORNIA SUPREME COURT PROVIDES SEVEN-FACTOR TEST THAT A TRIAL COURT SHOULD USE IN RULING ON A MOTION TO QUASH A SUBPOENA DUCES TECUM DIRECTED TO A THIRD PARTY
Courtesy of James R. Touchstone, Esq. In the August 2020 case of Facebook, Inc. v. Superior Court (Stephan),[1] the California Supreme Court directed trial courts to explicitly consider and balance […]
NINTH CIRCUIT FINDS THAT CALIFORNIA GOVERNMENT CODE SECTION 32310, WHICH BANS POSESSION OF LARGE-CAPACITY MAGAZINES (“LCMs”), VIOLATES THE SECOND AMENDMENT
Courtesy of James R. Touchstone, Esq. On August 14, 2020, the Ninth Circuit Court of Appeals in Duncan v. Becerra,[1] held that a California statute that banned possession of large-capacity […]
POLICE OFFICERS’ USE OF DEADLY FORCE WAS REASONABLE WHERE DRIVER ATTEMPTING TO FLEE IGNORED COMMANDS TO STOP AND DROVE NEAR, TOWARD, AND AMONGST THE OFFICERS
Courtesy of James R. Touchstone, Esq. In the July 2020 case of Monzon v. City of Murrieta,[1] the Ninth Circuit Court of Appeals concluded that officers acted in an objectively […]
THE CALIFORNIA SUPREME COURT UPHOLDS THE “CALIFORNIA RULE” IN CASE OF ALAMEDA COUNTY DEPUTY SHERIFF’S ASSOCIATION V. ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION
Courtesy of James R. Touchstone, Esq. Background The California Supreme Court recently reviewed the validity of the “California Rule” in the context of the case entitled Alameda County Deputy Sheriff’s […]
DISTRICT COURT ABUSED ITS DISCRETION IN GRANTING NATIONWIDE INJUNCTIVE RELIEF BARRING DOJ FROM USING THREE NEW CONDITIONS AS FUNDING REQUIREMENTS FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS
Courtesy of James R. Touchstone, Esq. In the July 2020 case of City & Cnty. of S.F. v. Barr,[1] the Ninth Circuit Court of Appeals upheld a permanent injunction barring […]
Administrative Warrants Impermissible to Search Premises if Primary Motivation is Search for Evidence in Criminal Investigation
Provided by CPOA Legal Counsel James R. Touchstone, Esq. and David R. Demurjian, Esq., Jones & Mayer In the case entitled U.S. v. Grey, the Court of Appeals for the […]
Curfew Enforcement
Provided by CPOA Legal Counsel, James R. Touchstone, Esq., Jones & Mayer California and the nation are experiencing large-scale community reaction following the tragic death, at the hands of law […]
A City’s Efforts to Redact Electronic Data Prior to Delivering Responsive Records in Response to a Public Records Act Request is not Compensable
Provided by CPOA Legal Counsel, Gregory P. Palmer, Jones & Mayer On May 28, 2020, the California Supreme Court issued the long-awaited opinion in National Lawyers Guild, San Francisco Bay […]
The Judicial Councils Emergency Rule 4s Bail Schedule Sets Presumptive Bail Amount for Covered Offenses and Violations Which May be Modified by Superior Court
Provided by CPOA Legal Counsel James R. Touchstone, Esq., Jones & Mayer As part of California’s response to the COVID-19 crisis, the Judicial Council, on April 6, 2020, adopted Emergency […]
Supreme Court “Ducks” Concerning Whether New York City Ordinance Imposing Travel Restrictions Upon Handgun Licensees Violates the Second Amendment
Provided by CPOA Legal Counsel James R. Touchstone, Esq., Jones & Mayer In a 6-3 decision on April 27, 2020, the United States Supreme Court in N.Y. State Rifle & […]
