Findlaw Case Summaries: Constitutional Law 15

May 4 -8, 2009
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U.S. Fed. Circuit Court of Appeals, May 05, 2009 Ellamae Phillips Co. v. US , No. 08-5042 In a takings action, district court grant of summary judgment against the government is vacated and remanded where court of Federal Claims improperly applied the present court’s prior decision in Hash v. US in ruling that a taking had occurred, as Hash did not decide the scope of the easement granted under the 1875 Act or whether any residual easement has been abandoned in this case.

Supreme Court of California, May 07, 2009 People v. Burgener, No. S116882 Trial court judgment sentencing defendant to death is vacated where the court erred in granting defendant’s motion to represent himself, as the record is insufficient to establish that defendant’s waiver of his Sixth Amendment right to the assistance of counsel was knowing and intelligent. The matter is remanded for reconsideration of defendant’s request to represent himself and the automatic application for modification of the penalty death verdict.

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