Latest 2 Cases: In re J.H. (Civil Procedure), California v. Williams (Constitutional Law)

Toxic Religious Liberty in the COVID-19 Era

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania, argues that governors and lawmakers should not be granting religious exemptions to stay-at-home orders imposed due to COVID-19. Hamilton points out that there are two prerequisites for legitimate religious exemptions, and the exemptions granted in twelve states have met neither.

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In re J.H.

Docket: C088227(Third Appellate District)

Opinion Date: April 6, 2020

Judge: Renner

Areas of Law: Civil Procedure, Juvenile Law

Respondent J.H. was ordered to pay restitution as part of a 2005 juvenile delinquency adjudication. J.H.’s wardship terminated on June 6, 2014, after which writs of execution were issued for the unpaid balance. J.H. subsequently moved to quash. The superior court granted the motion, finding the restitution order was no longer valid because the 10-year enforcement period for money judgments had expired without renewal of the restitution order as required by section 683.020 of the Code of Civil Procedure. The State appealed, contending restitution orders imposed in delinquency proceedings were not subject to the 10-year enforcement period of Code of Civil Procedure section 683.020. The Court of Appeal concluded that, while restitution orders in delinquency cases were enforceable as money judgments and could be converted to money judgments, they were not money judgments for the purpose of the 10-year enforcement limit. Accordingly, the Court reversed.

California v. Williams

Docket: D074098(Fourth Appellate District)

Opinion Date: April 6, 2020

Judge: Patricia D. Benke

Areas of Law: Constitutional Law, Criminal Law

A jury found defendant Jeremiah Williams guilty of first degree robbery, four counts of making a criminal threat, two counts of forcible rape, sexual penetration by use of force, forcible oral copulation, burglary of an inhabited dwelling, battery and assault, as lesser offenses of sodomy by use of force, assault with a deadly weapon, and false imprisonment by violence. The first eight counts were committed against Jane Doe 1; the remaining counts against Jane Doe 2. The jury found defendant committed all counts but one: forcible sexual offenses against more than one victim. The trial court sentenced defendant to a term of 100 years to life plus 86 years two months. It also imposed a $10,000 restitution fine, and a matching suspended parole revocation restitution fine (and other fees and assessments). Defendant raised six enumerations of error at trial, but finding none, the Court of Appeal affirmed.