Eastern District of California Blog

Fresno Court Blocks Low-Carbon Fules Rule

A federal judge moved Thursday to block California from enforcing its first-in-the-nation mandate for cleaner, low-carbon fuels, saying the rules favor biofuels produced in the state.

The lawsuit challenging the state regulations, which were adopted as part of the state’s landmark 2006 global warming law, was filed in federal court last year by a coalition including the National Petrochemical & Refiners Association and the Consumer Energy Alliance.

Fresno-based U.S. District Court Judge Lawrence O’Neill’s written ruling Thursday said the low-carbon fuel rules violated the U.S. Constitution’s commerce clause by discriminating against crude oil and biofuels producers located outside California.

Washington Post, 12/29/11.

Family of Man Who Committed Suicide In Tehama County Jail Sues County

The family of a man who committed suicide while incarcerated at the Tehama County Jail has filed a wrongful death lawsuit against the county in federal district court.

William Joseph Costa, 30, of Red Bluff, was being held in the jail accused of rape when he was found hanging from a bed sheet on Dec. 15, 2010.

He was pronounced dead a short time later at St. Elizabeth Community Hospital.

Costa's family claims he was denied "certain constitutional rights" while incarcerated, and jail staff was "indifferent" to his medical needs directly leading to his death.

Corning Observer, 12/27/11

Sacramento Sheriff Returns 2 Pounds of Medical Pot To Dispensary

In response to a court order, the Sacramento County Sheriff's Department this afternoon returned two pounds of medicinal marijuana to a dispensary from which it was seized earlier this month.

A Sacramento Superior Court judge this morning ordered the Sheriff's Department to return the marijuana to the Common Roots Collective.

On Dec. 1, deputies accompanied code enforcement officers who executed an inspection warrant at the dispensary on 52nd Street in Sacramento, said the collective's attorney, John Fuery.

While at the collective, deputies seized 2 pounds of marijuana, citing a federal crackdown on medical marijuana dispensareis, Fuery said.

Though California voters approved Proposition 215 legalizing medicinal use of marijuana, federal authorities still consider it illegal.

Fuery argued before Judge Robert Hight that deputies violated federal law by seizing property when they had an inspection warrant, not a search warrant. Hight apparently agreed, and signed an order this morning that the marijuana be returned to the 800-person collective.

"Police are giving back the marijuana this time because they committed such a grievous federal violation," Fuery said. "They did not obey search warrant law and that's federal law."

Sac Bee Blog, 12/23/11

EDCA Court Grants Salyer's Motion To Sever Antitrust Counts & Sets Two Jury Trials In 2012

In this order, 12-12-11, Judge Karlton granted defendant Frederick Salyer's motion to sever the jury trial on his antitrust charges from the jury trial on his other charges.  On Wednesday, the Court denied the government's request to try the two sets of charges back-to-back and instead set the jury trial on the antitrust counts for September 11, 2012.  The jury trial on the remaining counts starts April 17, 2012.  It is expected to last about a month.  See also Monterey Herald, 12/13/11 & Monterey Herald, 12/23/11.

Jury To Return January 17 To Decide What Fresno Will Pay For Vargas Shooting Death

After a two week trial, and two days of deliberations in Federal Court an eight person jury unanimously decided the city of Fresno was liable for Vargas' death. He was shot to death two years ago by Fresno Police Sgt. Mike Palomino, ruling he used excessive force. But the attorney for the Vargas family, Arturo Gonzalez told reporters outside the courthouse on Tuesday the jury's work may not be done.

"The jury has to decide a very significant issue," said Gonzalez. What is the value of Steven Vargas life."

But Gonzalez is hoping the jury will not have to come back. He wants the city to accept a financial settlement. He's put a seven figure offer on the table, meaning he's expecting a million dollars or more. But Fresno attorney Tony Capozzi, ABC30's legal analyst doesn't believe any settlement will be that big.

* * *

The jury is scheduled to return on January 17th unless a settlement is reached.

ABC 30 Fresno, 12/22/11

Former Patterson City Attorney Claims Speech About His GJ Testimony Is Protected By First Amendment

Former Patterson City Attorney George Logan is firing back at the Stanislaus County Civil Grand Jury, saying he was within his First Amendment rights to speak about his testimony in front of the legal body before the jury published its findings earlier this year.

The civil grand jury is seeking a contempt-of-court charge against Logan for discussing and writing in local newspapers about his testimony in April and May. The penalty could carry a $1,000 fine or possible jail time and added court costs.

* * *

In the written admonishment that witnesses must sign as they exit their grand jury interview, they are told not to reveal to anyone what was discussed, except as the court dictates. The court requires witnesses to sign the document to indicate that they understand the admonishment.

Below is the question, “Will you abide by the admonishment?”

Logan crossed out that question on his exit document and wrote, “I will abide by the law,” and signed it.

Logan argues in court documents that his First Amendment right to free speech trumps the grand jury’s admonition of secrecy, because his disclosures posed no specific harm to the public.

Citing a 2000 California appellate court case, Logan states in the documents that the grand jury’s admonition was unconstitutional, unless there had been a clear and present danger or an imminent threat to the grand jury.

He also cites a 1978 U.S. Supreme Court opinion, Landmark Communications v. Virginia, which states, “This Court has consistently rejected the argument that out-of-court comments on pending cases or grand jury investigations constituted a clear and present danger to the administration of justice.”

. . .

Smith filed a federal lawsuit against the Stanislaus County Civil Grand Jury and Stanislaus County on Sept. 28. 

The complaint for damages — filed in U.S. District Federal Court in Sacramento — seeks an injunction against the grand jury to stop further alleged abuse of authority and to publish transcripts from the investigation. The suit also calls for the jury to revise its findings and seeks unspecified damages and attorney fees. 

Patterson Irrigator, 12/22/11 

Nut Co-Op Manager Sentenced To 34 Months Prison For Role In Fraud Scheme

Westside Hulling Association’s former general manager is sentenced to spend two years and 10 months in prison for his involvement in a multimilllion dollar nut fraud scheme, U.S. District Judge Lawrence O’Neill ruled in Fresno on Monday, Dec. 19.

Patterson Irrigator, 12/20/11

Have I Committed A Crime With This Blog?

Happy Winter Solstice!

If you are ever on a jury in a marijuana case, I recommend that you vote “not guilty” — even if you think the defendant actually smoked pot, or sold it to another consenting adult. As a juror, you have this power under the Bill of Rights; if you exercise it, you become part of a proud tradition of American jurors who helped make our laws fairer.

The information I have just provided — about a constitutional doctrine called “jury nullification” — is absolutely true. But if federal prosecutors in New York get their way, telling the truth to potential jurors could result in a six-month prison sentence.

Earlier this year, prosecutors charged Julian P. Heicklen, a retired chemistry professor, with jury tampering because he stood outside the federal courthouse in Manhattan providing information about jury nullification to passers-by. Given that I have been recommending nullification for nonviolent drug cases since 1995 — in such forums as The Yale Law Journal, “60 Minutes” and YouTube — I guess I, too, have committed a crime.

NY Times Op-Ed, "Jurors Need To Know They Can Say No," 12/21/11, by Paul Butler, George Washington University Law Professor.

Jury Finds Fresno Officer Used Excessive Force In Shooting Death Of Steven Vargas

A federal jury on Tuesday found that Fresno police Sgt. Mike Palomino used excessive and unreasonable force when he shot and killed a man who was unarmed but high on drugs in October 2009.

A six-man, two-woman jury deliberated for the better part of two days before unanimously finding that the city was liable for the death of Steven Anthony Vargas, who was shot eight times by Palomino as he sat in an SUV after crashing it into a van parked in an East McKinley Avenue driveway.

The same jury, however, cleared Fresno police Chief Jerry Dyer of any role in the Vargas shooting.

In a complex ruling, jurors also were unable to reach any verdict on a wrongful-death claim that included Dyer, Palomino and the city.

Fresno Bee, 12/20/11

 

2012 Duty Magistrate Calendar

The 2012 Sacramento Duty Magistrate Calendar is available here.