Div. Three if the Fourth District Court of Appeal has decreed that a judge must determine, on remand, the amount of sanctions to be paid based on the appellant having impermissibly cited unpublished cases in its briefs on appeal and committing other violations of the rules of court and is also to decide whether the sums are to be paid by the party, its lawyer, or both.

Div. Three of the Fourth District Court of Appeal has held that a man was properly convicted of second-degree murder relating to an Orange County freeway shooting that killed a child sitting in the backseat of his mother’s car, rejecting the defendant’s assertion that the judgment was invalidated due to the court’s use of a since-replaced jury instruction on implied malice.

Thousands of court-appointed lawyers, known as Criminal Justice Act panel attorneys, along with paralegals, investigators, expert witnesses and interpreters, haven’t been paid since June after federal funding for the Defender Services program fell $130 million short of what the judiciary requested and ran out July 3. They had been told they would receive deferred payment once Congress passed a new budget, but as the government shutdown dragged on, many couldn’t move forward with trials or take on new clients.

(Subscripti0on required) In NIH v. APHA, the Supreme Court paused a district court order that enjoined NIH from ending $783 million in grants for diversity, equity and inclusion initiatives, concluding the Tucker Act likely precludes Administrative Procedure Act claims challenging the government's grant terminations in that case.