The UCL Practitioner
Tuesday, March 22, 2005
Four new Prop. 64 appeals
I've become aware of four more pending Prop. 64 appeals, all of which have been added to my list: Counsel in Dunham and Duran kindly sent me copies of their briefs. The Dunham brief, in particular, raises some interesting arguments against the "statutory repeal" theory adopted in the Branick line of cases. The Duran brief argues (among other things) that the Branick line of cases failed to consider Government Code section 9605, which states, in part, that "[w]here a section or part of a statute is amended, it is not to be considered as having been repealed ...."
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