California's Racial Justice Act (September, 2026 Update)
Kindle Edition or EPUB + Converted PDF نویسندگان: Okorie Okorocha
جزئیات
فرمت: Kindle Edition or EPUB + Converted PDF تاریخ انتشار نسخه الکترونیکی : September 15, 2026
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لینک: https://www.amazon.com/dp/B0HJTPZ9JX
1,145,000 تومان
زمان تحویل: حداکثر 24 ساعت
توضیحات
Penal Code section 745 did something no California or federal doctrine had done before. It removed the requirement of discriminatory purpose, made statistics a permitted mode of proof, and created an independent right to discovery from the state. Six years of appellate law have since been spent on a single recurring fight: the effort to put those three barriers back.This guide is written for the lawyer who has to win that fight in a courtroom next month.It is organized around the practical fact that almost every contested question under the Act is a question about which of four burdens applies at which of four stages. Appointment of counsel, discovery, the prima facie showing, and the merits each carry a different standard, and nearly every reversal in the postconviction case law rests on a trial court importing a later burden into an earlier stage. The guide keeps those four separate, shows exactly how courts have conflated them, and supplies the language that has persuaded the Courts of Appeal to say so.Inside:The four proof routes under section 745(a), including what has satisfied each and what has failedDiscovery under section 745(d), the operative engine of the statute, with the good cause standard, the City of Alhambra scope factors, and the answer to the denominator objection that defeats most motionsAppointment of counsel under section 1473(e), and the 2025 legislative findings that the courts had been getting it wrongPrejudice, section 745(k), and the harmless error fight, with the burden where the statute puts itVehicle selection, where more claims are lost than on the merits, and why review of a discovery or counsel ruling lies in mandate rather than appealTimeliness, forfeiture, and preservation disciplineJuvenile practice, including transferHow to build the statistical record, with a working template drawn from the showing that succeededA table of every decision discussed, with its citation status, so that nothing uncitable reaches a brief by accidentThree model pleadings: a section 745(d) discovery motion, a habeas petition under section 1473(e), and a petition for writ of mandateThe citation status table is not a courtesy. A substantial part of the case law under this Act is unpublished, depublished, withdrawn, or was decided while review was pending. This guide marks each one, and where an uncitable decision supplies only the shape of an argument, the argument is made from published authority instead.Written by Okorie Okorocha, attorney and forensic toxicologist, board certified by the State Bar of California in both criminal and civil trial law.
1,145,000 تومان
زمان تحویل: حداکثر 24 ساعت