Description

Jeff and Tim discuss some recent cases to add to your attorney toolkit:

1. For personal injury attorneys, a recent civil-criminal crossover case dealing with victims’ right to restitution warns: the right to restitution is not waived unless the criminal case is over or the DA signs off. (People v. Nonaka, (Sep. 30, 2022, 2d Crim. B313848).)
2. Quashing a subpoena based on free speech gives a right to attorney fees. But caution: the court regarded the fees as purely mercenary in this case, and denied them. (Doe v. McLaughlin (Sep. 21, 2022, A161534).)
3. No, Zoom trials are not a substitute for real trials — not unless the Legislature says so before July 1, 2023. (Tim’s post on Rycz v. Sup. Ct. is here.)
4. Beware dismissing appeals, because they’re almost always “with prejudice.” (Tim’s post on Bush v. Cardinale is here.)
5. How to lose your appeal by flubbing the Rule 8.108 appeal extensions. (Tim’s post on Sharma v. Toyota Motor Sales USA, Inc. is here.)

We also discuss the Onion’s amicus brief in the US Supreme Court, and the California Supreme Court’s order declining to review whether bees are fish (but which the media interpreted as affirming that bees are, indeed, fish).

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Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

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Other items discussed in the episode:

• People v. Nonaka, (Sep. 30, 2022, 2d Crim. B313848).
• Doe v. McLaughlin (Sep. 21, 2022, A161534).
• Tim’s post on Rycz v. Sup. Ct. is here.
• Tim’s post on Bush v. Cardinale is here.
• Tim’s post on Sharma v. Toyota Motor Sales USA, Inc. is here.
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

Disclaimer: The views expressed by our guest, James Mixon, are his own and do not reflect the official position of the California Court of Appeal or the California Judicial Branch. AI technology and legal standards are rapidly evolving, listeners should verify current rules and consult qualified attorneys before implementing AI tools in their practice. Attorneys must independently verify all legal citations and comply with applicable rules of professional conduct.