California
Subscribe to California's Posts

“Knowingly and Willfully”: Judges Clash over Reopening Procedures in Orange County

More on last week’s remarkable opinion by former Chief Judge Cormac Carney of the US District Court for the Central District of California. So far, this story seems to have merited coverage by the Los Angeles Times and this blog, but nowhere else. Judge Carney’s opinion is 20 pages, with exhibits documenting his facts. He begins with the old trial lawyer’s favorite Thomas Jefferson quote: “I consider the trial by jury as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution.” Then, after some history, he writes: Sadly, the United States District Court for the Central District of California has denied Defendant Jeffery Olsen his Sixth Amendment right to a public and speedy trial on the criminal charges that were filed against him in this case. Specifically, the Chief Judge for the Central District refused to summon the jurors necessary to conduct Mr. Olsen’s trial that was scheduled for October 13th...

Continue Reading

Orange County Federal Court: When Judges Disagree

Meanwhile, an interesting story in the US District Court for the Central District of California. The Los Angeles Times reports on the dismissal of an indictment against an Orange County physician in a drug distribution case. The defendant had been indicted in 2017. He wanted his trial. But the chief judge, Philip Gutierrez, refused to lift the prohibition on jury trials. Therefore the trial judge, Cormac Comey, dismissed the case with prejudice. And he wrote with candor: “Quite frankly, the court is at a loss to understand how the Central District continues to refuse to resume jury trials in the Orange County federal courthouse. Orange County restaurants are open for outdoor dining and reduced-capacity indoor dining…Nail salons, hair salons, body waxing studios, massage therapy studios, tattoo parlors and pet groomers in Orange County are open, even indoors, with protective modifications. Even movie theaters, aquariums, yoga studios and gyms in Orange County...

Continue Reading

Trials Underway in San Francisco and Cleveland Courts

Most of the federal trials that have actually been held during the pandemic have been in rural locales. But yesterday, Judge William Orrick in San Francisco launched an in-person criminal jury trial in a mail-bombing case. Jury selection began with a SurveyMonkey questionnaire. The courtroom is closed to the public but the audio is being broadcast over Zoom to all interested observers. Meanwhile, Cleveland saw its first pandemic jury trial end Friday after five days with the acquittal of an accused murderer. The state court trial was held in a large conference room in the county-owned Global Center for Health Innovation. Everyone was masked except for testifying witnesses. Jurors sat six feet apart behind a plexiglass shield and with shields between them.

Continue Reading

 McDermott’s litigation team monitors US courts as they reopen amid the ongoing COVID-19 public health crisis.

STAY CONNECTED

TOPICS

ARCHIVES