Wednesday, October 21, 2020

OSC v. Alternative Writ discussion

Yesterday 1/5 published this opinion here, granting a peremptory writ of mandate, noting in the intro:

We also take the opportunity to clarify for trial courts that an order to show cause, unlike an alternative writ, does not invite the trial court to change the order challenged by the writ petition. In addition, we reiterate that a judge of the superior court generally may not overturn the order of another judge unless the record shows the other judge is unavailable.

And on the federal side of things, today's DJ has H&L's John Querio and Lacey Estudillo discussion of BP PLC v. Mayor & City of Council of Baltimore in Court to weigh appellate jurisdiction under removal statutes:

This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review any issue encompassed in a district court's remand order where the removing defendant premised removal in part on the federal-officer or civil-rights removal statutes.

Tapped out? Check out this interesting 4/2 published opinion here which begins:

In 2014, a single Riverside County Superior Court judge signed 602 orders authorizing wiretaps. To put that in perspective, all other judges in the state authorized 345 wiretaps that year. And the 602 wiretaps that year comprised approximately 17 percent of all the wiretaps authorized by all the state and federal courts in the nation.
Also of interest is this 4/3 unpub here, which the MetNews covers in Court of Appeal Take Unusual Course of Issuing Apology: Bedsworth says Counsel Should Not Have Been Asked for Further Briefing.