Div. Three of the Fourth District Court of Appeal has ordered that a Glendale area attorney be reported to the State Bar for potential disciplinary action over “numerous uncivil and disrespectful attacks on the court” during proceedings in which she acted on behalf of a plaintiff’s lawyer, who was purportedly too sick to appear for trial.

A divided Ninth U.S. Circuit Court of Appeals held yesterday that a defendant who filed a petition for a writ of error coram nobis—a companion to habeas corpus petitions for those who are no longer in custody—was not entitled to have his conviction for possessing a firearm while being unlawfully present in the U.S. vacated due to a failure to instruct the jury that he must have been aware of his immigration status.

Div. Seven of this district’s Court of Appeal held yesterday that a defendant, who was sentenced to death for the 2001 slaying of a Los Angeles-area college student and to additional time based on allegations of prior periods of incarceration, may immediately seek resentencing under recent amendments to the Penal Code that retroactively invalidate most prior prison term enhancements without waiting for resolution of his automatic appeal.

Wiley is expected to address whether the sentencing court’s consideration of circumstances in aggravation based on certified records of prior convictions, beyond the bare fact of the convictions, violates Penal Code section 1170, subdivision (b)(3) or defendant’s Sixth Amendment right to a jury trial.