Heafey Headnotes
California Legal News
Feeling Good about the Golden State?
October 23, 2009 at 11:21 AM
An optimistic view of California's future
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Death Penalty Report
October 20, 2009 at 8:54 AM
Focusing on the financial costs of capital punishment
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California's Referendum Process
October 15, 2009 at 3:26 PM
Criticism from California's Chief Justice
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Duck Boats Battle Over Kazoos
September 11, 2009 at 9:32 AM
Ride the Ducks v. Bay Quackers
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California's budget crisis : LA Sheriff suspends DNA testing for rape victims
June 23, 2009 at 10:52 AM
The budget crisis in California is getting tragically worse by the day. The Los Angeles Times is reporting that the L.A. County Sheriff's Office will be suspending DNA testing for sexual assault victims due to budgetary reasons. There is currently no money to pay for testing at private labs, although federal money may alleviate this problem next month.
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Prop. 8 being challenged in federal court
May 28, 2009 at 10:03 AM
Two highly unlikely former foes, Ted Olson and David Boies, are teaming up to challenge bans against marriage equality for LBGT families in federal court. They are claiming that state constitutional bans, such as Prop. 8, violate the equal protection clause of the 14th amendment. There was a similar challenge made in the federal courts regarding marriage equality back in 1972, just five years after the Loving v. Virginia decision.
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Ruling on Prop. 8 rumored to be imminent
May 20, 2009 at 9:31 AM
There are a number of rumors circulating that the California Supreme Court will be issuing its ruling on Prop. 8 tomorrow morning. There are already reports of barricades being placed by SFPD in the Castro District in expectation of large crowds. Coincidentally, tomorrow is the 30th Anniversary of the White Night Riots. The White Night Riots were a response to the lenient sentence given to Dan White for the murders of Harvey Milk and San Francisco Mayor Moscone.
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Rumors that California Supreme Court will issue Prop. 8 ruling tomorrow
May 06, 2009 at 9:14 AM
Rumors are circulating among legal blogs that a ruling with be issued tomorrow by the California Supreme Court regarding the legality of Prop. 8. Check the court's website for more details. When the decision is released, it will be available immediately on the website.
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Surge in anti-gay hate crimes in Santa Clara County
March 16, 2009 at 4:22 PM
The San Jose Mercury News reports today on a new study which details a huge surge in anti-gay hate crimes in Santa Clara County following the passage of Prop. 8. In 2008, hate crimes against LBGT people accounted for 56% of the total -- compared with 15% from 2007.
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Tens of thousands of CA inmates to be released due to overcrowding
February 09, 2009 at 4:55 PM
A special panel of federal judges ruled on Monday that the conditions within California prisons have become so poor that the state will have to release tens of thousands of inmates to resolve overcrowding. The court stated that conditions in California prisons have degraded so badly that suicide among inmates has become common, and many die from illness due to lack of medical care.
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Tax Time
February 09, 2009 at 10:51 AM
Federal and state forms and publications for taxpayers
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Please don't divorce us
February 05, 2009 at 3:54 PM
The Courage Campaign, a political action group that advocates for marriage equality in California, has created a photo collection of families affected by the passage of Prop. 8. The oral argument regarding Prop. 8 is scheduled to be heard by the California Supreme Court in March. Ken Starr, dean of Pepperdine University's School of Law, will be arguing in support of the ballot measure.
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East Palo Alto Youth Court
February 03, 2009 at 4:15 PM
Restorative justice efforts for juvenile offenders
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Update on police shooting at Oakland BART station
January 14, 2009 at 9:58 AM
The BART police officer who fatally shot an unarmed African-American man who was in police custody was arrested in Nevada yesterday on suspicion of murder. The 27-year old police officer claimed he fled to Nevada due to death threats made against him. The family of the victim is currently suing BART for wrongful death, asking for $25 million in damages.
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Progressive religious groups file petition against Prop. 8
January 05, 2009 at 3:32 PM
There has been significant news about Prop. 8 in the last few weeks. Recently, state attorney general, Jerry Brown, suggested that Prop. 8 violates the fundamental liberty interest and equal protection clause. A number of progressive religious groups, including Reform Judaism, the UCC, the UUA, the Episcopal Church, and the Quakers jointly filed a petition in the ongoing lawsuit against the state.
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Controversy over changes to Endangered Species Act
January 05, 2009 at 10:33 AM
The state of California has recently announced a lawsuit against the Bush Administration regarding changes to the Endangered Species Act. At issue are changes made to the standard of scientific review for new developments on public lands.
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California Supreme Court agrees to hear challenge to Prop. 8
November 19, 2008 at 2:41 PM
It has just been announced that the California Supreme Court will hear the legal challenges to the recently passed Prop. 8. The justices voted 6-1 to review the lawsuits. Various civil rights, and LGBT groups, have filed suit against the state regarding Prop. 8 arguing that it is a revision, requiring legislative approval.
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National Center for Lesbian Rights submits lawsuit over Prop. 8
November 06, 2008 at 10:57 AM
The National Center for Lesbian Rights, based in San Francisco, has filed a petition over Prop. 8, a ballot initiative which deprives LGBT families of the fundamental right of marriage. The NCLR is joined by a host of other organizations in this petition, including the ACLU and Lambda Legal. The petition is available in PDF format.
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NY Times calls for a No vote on California's Prop. 8
September 29, 2008 at 11:01 AM
The New York Times editorial board has written an article in today's issue calling for a no vote on California's Prop. 8. The proposition, known as the "Eliminates Right of Same-Sex Couples to Marry Act" would ban marriage equality in the state and eliminate the legal rights given to married LGBT couples under the equal protection clause of the California Constitution.
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Medical Marijuana 10th Amendment claim moves forward in Santa Cruz v. Gonzales
August 22, 2008 at 1:07 PM
A 10th Amendment claim against the federal Controlled Substances Act has survived a motion for dismissal in the Santa Cruz v. Gonzales case being heard by the Northern District of California. The plaintiff "allege[s] that federal officials have devised a strategic plan of targeted enforcement that has had the intended effect of rendering California's medical marijuana laws impossible to implement and thereby forcing California and its political subdivisions to recriminalize medial marijuana."
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San Jose Mercury News comes out against Prop. 8
August 18, 2008 at 3:50 PM
The San Jose Mercury News has published an editorial today denouncing Prop. 8, the initiative which seeks to ban marriage equality. They are joining the Los Angeles Times, the San Francisco Chronicle, and the Orange County Register in calling for a "no" vote on this ballot initiative.
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Reneging on a right
August 08, 2008 at 10:18 AM
The Los Angeles Times published an editorial today on the issue of Prop. 8 which will appear on the November ballot. Prop. 8 intends to rescind the right to civil marriage from same-gender couples. The editorial discusses how this proposition is markedly different from Prop. 22 back in 2000 which revised the state code to restrict marriage to opposite-gender couples.
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Prop. 8 will not be retroactive according to Attorney General Jerry Brown
August 05, 2008 at 10:02 AM
The San Francisco Chronicle published an article today on Proposition 8, which seeks to deny civil marriage rights to same-gender families. In the article, state Attorney General Jerry Brown states that the marriages formed prior to the election will remain valid even if the proposition banning them passes.
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Dick Cheney's lesbian daughter donates $3K to No on Prop. 8 campaign
August 01, 2008 at 2:12 PM
It has been revealed today that Mary Cheney, daughter to vice president Dick Cheney, donated $3,000 to the No on Prop. 8 campaign along with her wife, Heather Poe. Mary and Heather have a one-year old daughter together and live in Grand Falls, Virginia.
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CA Supreme Court deterimines no right to allocution at sentencing
July 24, 2008 at 3:53 PM
The San Francisco Chronicle is reporting on a recent decision by the California Supreme Court regarding the right of allocution at sentencing. Dating back to 17th century England, the right of allocution is the ability of a defendant to address the court during sentencing to ask for leniency. Normally allocution is not subject to cross-examination. The court found no such right and declared that defendants addressing the court must do so under oath, and are subject to cross-examination.
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New report recommends closing California's state-run juvenile detention centers
July 24, 2008 at 10:18 AM
The state-appointed Little Hoover Commission today released its report on the state of California's juvenile detention system. The report, "Juvenile Justice Reform: Realigning Responsibilities", suggesting laying "the groundwork for the creation of county-run, state-funded, regional rehabilitative facilities for high-risk, high-need juvenile offenders and for the eventual elimination of state juvenile justice operations". The report is available online in PDF format.
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