On April 9, the Ninth Circuit Court of Appeals issued a published decision involving crimes involving moral turpitude in the immigration context, in a case where Professor Jennifer Koh served as amicus counsel, along with Professor Kari Hong at Boston College Law School, on behalf of law professors and clinicians with expertise in immigration law or experience defending noncitizens in immigration proceedings. The case, Garcia-Martinez v. Sessions, involved the scope of theft crimes and the immigration law definition of a crime involving moral turpitude, and held that an expanded definition of crimes involving moral turpitude could not retroactively apply to certain theft crimes. Judge Ferdinand Fernandez wrote the opinion.
Professor Robert Molko was a panelist at the California State Bar’s Law Enforcement Use of Force & Liability Conference at the USC Gould School of Law on June 2. His panel addressed the criminal and civil liability of officers for the use of excessive force and the most recent 2017 U.S. Supreme Court decisions on the subject, including discussions of qualified immunity and the recent rejection of the Ninth Circuit’s provocation rule.