California and the Nation
Kamala Harris Flips on Murder Case after Federal Judges Rip Prosecutorial Misconduct
The extraordinary January 8 hearing of Baca v. Adams, at which Judge Alex Kozinski ripped into state Deputy Attorney General Kevin R. Vienna, was videotaped and posted to YouTube. The judge said, “It’s a little disconcerting when the state puts on evidence, the evidence turns out to be fabricated, nothing happens to the lawyer and nothing happens to the witness. I have to doubt the sincerity of the state when it says this was a big mistake.” read more
Polluting Diesel Big Rigs, Forced from California, Head for Oregon
Congress took action years ago when it required newly-manufactured trucks and rigs to run “clean diesel” starting in 2007-08. But California one-upped the feds by eliminating a provision, in 2008, that allowed older rigs to legally keep going for decades. That put pressure on other states to conform to California’s higher standards or become a dumping ground for heavier-polluting trucks. So far, none have. read more
Thousands of California Immigration Cases Put on Hold for Five Years
The number of immigrants nationally waiting to see a judge is staggering; about 430,000 are currently backed up. In California alone, there are more than 85,000 people, the population of a medium-sized city, whose cases are pending. Texas is next with more than 74,000 people waiting. All those people are waiting for a spot on the calendars of only 230 immigration judges. The average wait in California is 705 days. read more
Crowdsourcing Identifies the Officer-Involved Killings Government Doesn’t Count
The federal government’s best information identifies around 400 “justifiable homicides” by police per year. But that is woefully lacking. The website "Killed by Police" logged 157 California police-related killings in 2014, out of 1,103 nationwide. The death rate in California is .41 per 100,000 people, compared to .35 nationally. read more
State's Tax System Ranks Second-Fairest in the Nation, which Isn't Saying Much
“Virtually every state tax system is fundamentally unfair,” according to the Institute on Taxation & Economic Policy. But “California has one of the least regressive tax systems due to its heavy reliance on a very progressive income tax.” The institute's measure of “fairness” is how evenly different income groups other than the elderly pay taxes as a percentage of their incomes. read more
Mendocino Tribe Building $10-Million Indoor Pot-Growing Facility
The Santa Rosa Press Democrat said county officials were caught by surprise when news of the greenhouse surfaced, but it wasn’t totally unexpected. Denver-based United Cannabis Corporation (UCANN) recently announced it had signed agreements with three tribes to grow medical marijuana. It didn’t identify the tribes. read more
Four Californians Charged with Violating Utah’s “Ag-Gag” Law
It has been against the law in Utah since 2012 to photograph agricultural operations, including the mistreatment of animals. Utah and a half a dozen other states have enacted laws to crack down on animal rights activists and others who have documented cruel and unsanitary conditions around the country. read more
Uncompensated Loss of Federal Subsidy Imperils Patient Access to Medi-Cal
The Los Angeles Times said there are no state plans to replace the federal money that raised doctor reimbursement rates to something approximating Medicare during its authorized two years. An independent think thank, Urban Institute, estimated that California doctors would suffer a 58.8% fee reduction because the state has one of the lowest Medicaid reimbursement rates in the country. read more
First Lawsuit Filed in Ongoing Deadly Listeria Outbreak
The federal Centers for Disease Control and Prevention (CDC) has reported Happy Valley-related illnesses in 10 states. One of the deaths was in California. The products are probably no longer in stores, but could be sitting in pantries or stuffed away with months-old fruitcake. The family of Californian Shirlee Jean Frey, 81, filed a wrongful death lawsuit in Santa Cruz County Superior Court against Safeway after she bought caramel apples from one of their stores in Felton and died. read more
16 California Staples Stores Included in Million-Customer Security Breach
KrebsOnSecurity first reported the suspected breach in October after hearing from banks about a pattern of credit and debit card fraud that implicated Staples. Staples acknowledged the problem and two months later put out a list of the 115 affected stores. Customers were finding out they had a problem when they saw their bills, not when Staples notified them of a breach. read more
Sex-Trafficking Gangs Using “Grotesque Version of a Legitimate Business Model” Busted by Feds
The “Tycoons” are actually a collection of known members of separate gangs who have joined together to divvy up turf and responsibilities in a more organized and efficient fashion. The multi-state prostitution ring allegedly used around 100 girls, many of them from Grossmont Union High School District, as the centerpiece of an operation that included drug trafficking, robberies, commercial burglaries and various forms of assault. read more
Feds Say High-Speed Rail Can Roll over State Environmental Laws
In a 2-1 ruling (pdf), the U.S. Surface Transportation Board (STB) said the state couldn’t interfere with the $68-billion project because it would potentially link to the U.S. transportation network, which is under federal supervision. The board’s action comes as more than half a dozen lawsuits challenging high-speed rail work their way through state courts. read more
S.F. and L.A. Engage in the International Pastime of Suing Uber
The consumer protection lawsuit accuses Uber of failing to do proper background checks on drivers, illegally operating at airports throughout California, charging passengers a $4 airport fee despite not paying for the privilege and using a method of calculating trip length not approved by the government. So far this week, Uber has been in the news because of legal problems in New Delhi, India, Toronto, Canada, Thailand, Spain, the Netherlands and Portland, Oregon. read more
Are Dumber Students to Blame for Lowest State Bar Exam Scores in a Decade?
Only 48.6% of applicants in July were successful. Erica Moeser, president of the National Conference of Bar Examiners, suggested in a memo that those taking the exam were “less able” than their predecessors, sparking a heated controversy over bar exams and whose taking them. Brooklyn Law School Dean Nicholas Allard said “it is not the students, it’s the test” and called Moeser “offensive”: read more
Weak Vaccine, Unvaccinated Pregnant Women Nurture Worst Whooping Cough Epidemic in 70 Years
An acellular vaccine phased in between 1992 and 1997 has proven to lose its effectiveness quicker than its whole-cell predecessor, which had been used since the 1940s. And researchers found that few mothers of infants suffering from pertussis now had received the vaccine during pregnancy, a recommended policy. read more
California Tribe, Thwarted in State, Is First to Have Online Gambling in New Jersey
The Pala Band of Mission Indians in Northern San Diego County became the first Native American tribe in the country to receive permission to open an Internet gambling site, in New Jersey, one year after that state legalized online wagering. New Jersey, Nevada and Delaware are the only states with online gambling and California was expected to join them this year. That didn’t happen. read more