Latest Case: People v. Jimenez (Criminal Law)

Seila Law LLC v. Consumer Financial Protection Bureau: The Supreme Court Considers Whether an Independent Agency with a Single Director Who Can Be Removed Only “For Cause” is Constitutional

RODGER CITRON

Rodger Citron, Associate Dean for Research & Scholarship and Professor of Law at Touro Law, comments on a case in which the U.S. Supreme Court will hear argument this week that presents the question whether an independent agency with a single director who can be removed only “for cause” violates the separation of powers principle enshrined in the Constitution. Citron notes that the decision to hear the case is unusual in that there is no conflict among the federal appeals courts, but he points out that that the government’s support of the cert. petition and then-Judge Brett Kavanaugh’s dissent on the issue when it came before the D.C. Circuit likely helped the present case come before the Court.

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People v. Jimenez

Docket: S249397

Opinion Date: March 2, 2020

Judge: Cuellar

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the court of appeal concluding that a felony for misuse of personal identifying information under Cal. Penal Code 530.5, subdivision (a) can be reduced to misdemeanor shoplifting under Proposition 47, holding that a conviction for misuse of identifying information is not subject to reclassification as misdemeanor shoplifting. Defendant was convicted of two felony counts of misusing personal identifying information in violation of section 530.5, subdivision (a). Defendant later moved to reclassify his felony convictions to misdemeanors under Proposition 47. The trial court granted Defendant's motion. The court of appeals affirmed. The Supreme Court reversed, holding that misuse of personal identifying information is not a "theft" offense under Cal. Penal Code 459.5, subdivision (b).