Criminal,
Constitutional Law,
California Supreme Court,
California Courts of Appeal
Dec. 16, 2014
State constitutional analysis, a love letter
The Court of Appeal's analysis in a recent case provides a much needed restatement of the jurisprudential independence of rights under the state Constitution.
Joseph R. Grodin
Distinguished Emeritus Professor
Hastings College of the Law
Yale Law School
Joseph was appointed to the California Court of Appeal, and then to the California Supreme Court, by Gov. Jerry Brown. In 1986 he was rejected by voters in a retention election, along with Chief Justice Rose Bird and Justice Cruz Reynoso. Since then he has been teaching at Hastings College of the Law, where he is now distinguished emeritus professor. He is founder of Lawyers Allied to Uphold the Rule of Law (LAUROL).
Why do I love the Court of Appeal's recent opinion in People v. Buza, 2014 DJDAR 15991 (Dec. 3, 2014)? Let me count the ways. But first the setting.
Buza's case was before the 1st District, Divisison 2, for the second time. At issue was the constitutionality of a California statute (colloquially, the "DNA Act") which, as amended by an initiative measure, requires that a DNA sample be taken from all adults arrested for or charged with any felony offense "immediately follo...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In