California Case Law - The FindLaw California Supreme Court and Courts of Appeal Opinion Summaries Blog

January 2015 Archives

Was S.F. Public Defender 'Resisting Arrest'? A Look at the Penal Code

Those of us in the criminal defense community were outraged yesterday at the news that San Francisco Deputy Public Defender Jami Tillotson was arrested for preventing police from questioning or photographing her client at the San Francisco Hall of Justice.

"If you continue with this, I'll arrest you for resisting arrest," Police Sgt. Brian Stansbury paradoxically told Tillotson, who was, in fact, arrested. (After her arrest, Stansbury took photos of her client anyway, so take that!)

How can you be pre-emptively arrested for resisting arrest?

Calif. State Judges Can't Belong to the Boy Scouts Anymore

Ah, the Boy Scouts. They teach you how to use knives, camp in the woods, and make things out of other things. The Boy Scouts have been under fire in recent years, though. Turns out they're a Christian organization that, until 2012, refused to admit openly gay Scouts, and still forbids employing openly gay Scout leaders.

That's enough to make them an organization that practices "invidious discrimination," according to the California Supreme Court, which decided Friday to prohibit state judges from belonging to the Boy Scouts, effective January 21, 2016.

26 State AGs File Amicus to Oppose S.F.'s 'Gun Locker' Ordinance

Attorneys general from 26 states filed an amici curiae brief in a suit over San Francisco's "gun locker" ordinance last week, increasing the possibility that the U.S. Supreme Court will take the case (which they were probably going to, anyway).

On March 25, 2014, a three-judge panel of the Ninth Circuit determined that the ordinance, which requires that handguns stored at a residence be kept in a locked container or disabled with a trigger lock, didn't violate the Second Amendment.

Federal Court Overturns Calif.'s Foie Gras Ban

Our long statewide nightmare is finally over. Foie gras for everyone!

Back in 2012, legislation went into effect prohibiting "force feed[ing] a bird for the purpose of enlarging the bird's liver beyond normal size." Also prohibited were any products made that way. Given that's exactly how foie gras is made, and to date, no one (except some random farmer in Spain whose foie gras is astonishingly expensive) can figure out how to make it any other way, foie gras was effectively banned in California.

Until Wednesday!

Undocumented Immigrant Driver's Licenses: 5 Things You Should Know

Among the 900 or so new laws taking effect in 2015, California is letting undocumented immigrants get state driver's licenses. Undocumented immigrants are already out there driving, but without licenses because they can't prove they're in the country legally.

If you're in the immigration biz, or even if you're not, here are five things you should know about the new law:

5 of the 900-ish New Laws Coming to California in 2015

It's a big year for ch- ch- changes in California law. Starting in 2015, everything from human trafficking to massage therapy to emotional support animals will see some tweaks.

Here's what you should know in order to keep up to speed with some of the more high-profile changes to state law coming in the new year: