Today's DJ features Filling a Void in the Law, about Prop. 36 aka the Three Strikes Reform Act of 2012, by Justice Hoffstadt, who waxes poetic by starting off:
Argentine poet Antonio Porchia wrote, "We become aware of the void as we fill it." Judges fill voids in the tapestry of the law all the time, but rarely have occasion to step back and ponder different approaches to doing so.Impressive! Can't wait to see writ-denial postcards quoting Ricardo Eliecer Neftali Reyes Basoalto (aka Pablo Neruda): "Petition for extraordinary relief, being 'faint without substance, pure nonsense,' is hereby denied."
Today's DJ also presents In rare case, state Supreme Court rules for defendant without an appeal, which Professor Martin blogged about here. What's interesting is that the Supremes took this case sua sponte. How often does that happen? According to the Supreme Court's chief supervising attorney, Jake Dear, since 2009, the Court has taken an average of one case per year like this. So definitely a very rare occurrence. And the Court then unanimously affirmed the Court of Appeal's published opinion.
Phew! Now that precedent is secure.