appellant brought the resubmitted plans to the meeting and said these were the last plans which appellant had signed off but now appellant had additional changes and wanted sponsor to start the project again. based on appellant's history of blocking plans, their plans are clearly ever changing. this is likely where their deck and stairs rlt only one still vacant. the house still sits vacant marchred for appellant in litigation more than 3 years after a tragic fire. (inaudible) make further mostly unspecified changes. the assertion that members of the project is patently false as appellant was clearly directed from the start and even an assertion of no formal notice cannot be affirmed. several notices were sent to appellant and be went to his rental property instead of his address. they verbally confirmed they were directed by appellant to hold his mail. appellant was then given a special 30 day extension to provide comments to the project by the zoning administrator but no formal comments were submitted. this i surmise is likely due to the fact that appellant had already signed off on the

appellant brought the resubmitted plans to the meeting and said these were the last plans which appellant had signed off but now appellant had additional changes and wanted sponsor to start the project again. based on appellant's history of blocking plans, their plans are clearly ever changing. this is likely where their deck and stairs rlt only one still vacant. the house still sits vacant marchred for appellant in litigation more than 3 years after a tragic fire. (inaudible) make further mostly unspecified changes. the assertion that members of the project is patently false as appellant was clearly directed from the start and even an assertion of no formal notice cannot be affirmed. several notices were sent to appellant and be went to his rental property instead of his address. they verbally confirmed they were directed by appellant to hold his mail. appellant was then given a special 30 day extension to provide comments to the project by the zoning administrator but no formal comments were submitted. this i surmise is likely due to the fact that appellant had already signed off on the

for item number 4 appellant please step forward. >> okay. so you have 7 minutes to present your case. >> good evening madam president and members of the board i'm laney architect for the appellant angle who are neighbors to the north of the project site we roll call request new conditions be placed on the permit along the northern property line that addresses privacy light and air for the walkway will be implemented on two levels under the expansion we filled the appeal because the project was not represented to the planning commission and design review i was not the architect at that point, the professional was turned away at the podium due to a procedural times allotment i was retained shortly thereafter more recently, we had to handle the appeal when the - we had been hopefully, when contacted on may 29th they were trying to settle on the first 3 issues that were initially filed it would be amiss characterization to say we were the only one adding to the settlement we expanded simply to revolve any and all issues between the parties we're

the appellate can come up. >> this is a 7 minute? >> saechb 7 minutes and 3 minute for rebuttal time >> what the building department mentioned about a letter b soph the structural engineering report and this is a little small but it was shown on the definition. the second paragraph is only a recommendation, it has nothing to do with what is the general findings and observation during the inspection. now, the same recommendation was built in by the soil engineer so that can not be used against the property because it is only a recommendation and what is mentioned in the report is that whatever you have there is part of the norm lal wear and tear when it comes to structure and doesn't pose a safety hazard at this point. thank you very much. >> thank you. the department has 7 minutes. >> just for clarification to the city attorney, should i represent our original report or should i just act as rebuttal? >> the board has granted rehearing based on the new efds they are interested hearing about the new evidence at issue. >> thank you. jus

seeing none, nun further comment if the appellants? no mr. santos anything further commissioners are you clear as what you're being asked to do >> no, i was going to ask that question laura. >> who would like to ask the board for what you want and the appellant is requesting that if you choose to affirm the current appeal permit you'll do so with the following conditions of approval and the conditions of approval is one that the permit holder submit a plan to winterries the sites for the safety of the adjacent improvements by september 16th and with prior consultation with the appellant and second a new set of plans which is requested actually right now under the department of public works be submitted that will redefine the shoring system to reflect the change in 20 topping graph and those plans blackberry submitted to dbi and subject to review and when this set of plans is reviewed and approved then that will be the set of plans they'll actually do the actual shoring which by the time unfortunately we'll be well into the spring season so th

a question. >> no. >> could the appellant come back to the podium please. mr. white horn. >> two questions, mr. white horn one in the permit to remove two illegal units is there another tenant that be affected or is that space vacant that stays space is vacant that was the x landlord son. >> is there any work that was started. >> none whatsoever. >> can i add one more thing. >> no actually. >> okay. >> what's the best course of action. >> i'm going to ask to continue it or to allow for the jurisdiction request. >> i probably am leaning towards continuing. >> okay. >> make a motion commissioner fung. >> move to continue this madam director. >> do you want to continue it particular to allow the departments to do investigation or thinking the permit holders will come forward with more information. >> i'll expect both to occur. >> okay. >> what do you think october 7th? >> that is actually a very full calendar with. >> november 14th. >> yes. >> move to continue this case until november 14th. >> okay so there's a motion by commissioner fung to continue the reque

seeing none, nun further comment if the appellants? no mr. santos anything further commissioners are you clear as what you're being asked to do >> no, i was going to ask that question laura. >> who would like to ask the board for what you want and the appellant is requesting that if you choose to affirm the current appeal permit you'll do so with the following conditions of approval and the conditions of approval is one that the permit holder submit a plan to winterries the sites for the safety of the adjacent improvements by september 16th and with prior consultation with the appellant and second a new set of plans which is requested actually right now under the department of public works be submitted that will redefine the shoring system to reflect the change in 20 topping graph and those plans blackberry submitted to dbi and subject to review and when this set of plans is reviewed and approved then that will be the set of plans they'll actually do the actual shoring which by the time unfortunately we'll be well into the spring season so th

appellant brought the resubmitted plans to the meeting and said these were the last plans which appellant had signed off but now appellant had additional changes and wanted sponsor to start the project again. based on appellant's history of blocking plans, their plans are clearly ever changing. this is likely where their deck and stairs rlt only one still vacant. the house still sits vacant marchred for appellant in litigation more than 3 years after a tragic fire. (inaudible) make further mostly unspecified changes. the assertion that members of the project is patently false as appellant was clearly directed from the start and even an assertion of no formal notice cannot be affirmed. several notices were sent to appellant and be went to his rental property instead of his address. they verbally confirmed they were directed by appellant to hold his mail. appellant was then given a special 30 day extension to provide comments to the project by the zoning administrator but no formal comments were submitted. this i surmise is likely due to the fact that appellant had already signed off on the

seeing none, nun further comment if the appellants? no mr. santos anything further commissioners are you clear as what you're being asked to do >> no, i was going to ask that question laura. >> who would like to ask the board for what you want and the appellant is requesting that if you choose to affirm the current appeal permit you'll do so with the following conditions of approval and the conditions of approval is one that the permit holder submit a plan to winterries the sites for the safety of the adjacent improvements by september 16th and with prior consultation with the appellant and second a new set of plans which is requested actually right now under the department of public works be submitted that will redefine the shoring system to reflect the change in 20 topping graph and those plans blackberry submitted to dbi and subject to review and when this set of plans is reviewed and approved then that will be the set of plans they'll actually do the actual shoring which by the time unfortunately we'll be well into the spring season so th

first up is the appellant. you have ten minutes. 10 minutes. >> good evening, supervisors, i'm diane carpal oi z map coalition. sorry for the late submissions of all the issues. it's quite complegz and i did my best to reconcile prior to this hearing. first i would like to start off with the agenda. it's got three motions there. that should be corrected. it only addresses four of the blocks and lots associated with the three tentative maps that have been conditionally approved by the planning department. so, if you wouldn't mind looking at the three motions that can be made at the end of the presentation that would be great. i would like to request additional time. there were three projects, almost 60 blocks and lots at issue. and, lots of paperwork and applications. i'm guessing that's not going to be allowed. the information provided, inadequacy for approvals and community benefits. questions about project ownership and tax liability as an item. so, on august 24, 2015. residents at merced received a notice id

(appellant: joshua n. levine, on behalf of solano county orderly growth committee) (filed june 30, 2015). (clerk of the board) [affirming the approval of a final negative declaration - recology landfill disposal agreement - hay road landfill in solano county] motion affirming the approval by the planning commission of a final negative declaration under the california environmental quality act for the proposed agreement for disposal of municipal solid waste at recology hay road landfill in solano county. (clerk of the board)1234 [reversing the approval of a final negative declaration - recology landfill disposal agreement - hay road landfill in solano county] motion reversing the approval by the planning commission of a final negative declaration under the california environmental quality act for the proposed agreement for disposal of municipal solid waste at recology hay road landfill in solano county. (clerk (clerk of the board)1234 sf 431234 sf[preparation of findings to reverse the approval of a final n

the aa b in some or all of the cases they will proceeded to rehear the cases the initial request appellant come forward has 7 minutes. >> sorry the case numbers are 6804, 2846 washington street heard on may 2015 6805, 2856 washington street and 6806, 2846 washington street and another one i apologize the 2858 the request for rehearing on this case washington have the 2862, and case no. 680823 to divisadero street. >> good morning melinda with reuben, junius & rose i'm here representing the owners of 7 condo unit in two separate buildings those owners are individually requested a rehearing i have with me stan and bret who's a licensed structural engineer asking. so for a rehearing on the basis of abatement orders i've paced a map on the monitor as you can see and you may be familiar the properties that have been issued those abatement orders are adjacent and a common browned vs. did care the appointment order unfairly asked the appellants to pay fines and repair the retaining walls and therefore the divisadero is are not only the walls should not be the sole factor, however, there is previo

seeing none, nun further comment if the appellants? no mr. santos anything further commissioners are you clear as what you're being asked to do >> no, i was going to ask that question laura. >> who would like to ask the board for what you want and the appellant is requesting that if you choose to affirm the current appeal permit you'll do so with the following conditions of approval and the conditions of approval is one that the permit holder submit a plan to winterries the sites for the safety of the adjacent improvements by september 16th and with prior consultation with the appellant and second a new set of plans which is requested actually right now under the department of public works be submitted that will redefine the shoring system to reflect the change in 20 topping graph and those plans blackberry submitted to dbi and subject to review and when this set of plans is reviewed and approved then that will be the set of plans they'll actually do the actual shoring which by the time unfortunately we'll be well into the spring season so th

rehearing request subject properties on leavenworth street the board received a letter from the appellants requesting a rehearing of the appeal brand new bark versus dpw was decided at this time the board voted it is code compliant the appellant is the construction of a wireless service facility we'll start with the requesters you have 3 minutes to present our request to the board. >> i'm randell next to me is ann brand nubaker dpw has authority to include a site permits in addition to those cigarette for the in the article 25 to benefit the public welfare this is, in fact, broad view to deny the permit based on the concerns over private views and lights the xifrpt is degrading to the public and adding more will make that worse whether or not the above was not discussed this needs to take place >> go can we stand we stand by our earlier submission for a request for rehearing we have also recently reviewed the permit denials for 999 and 751 lombardi by the planning disorderly conduct 750 lombardi was recommended for denial for considerations awhile 2215 leavenworth is an excellent view it's

the appellates are not here.et's make it-- >> my name is david inlow [inaudible] is having eye surgery. i will reiterate her appeal. she feels like the project cast too much shadow on her property. the bulking doesn't seem right that that project is in a block that is characterized by single or 25 foot wide lots with single family residence, victorians and old wood frame buildings. it appears suitable for the down hill type of development, but it is the first project on this particular block and doesn't seem to suit the character of that block. i understand a few lots were consolidated to make this property and it is the first property on the block. the bulking seems to over wellm the other lots on that particular block. thank you. now i'll open this up to public comment for anyone who wants to speak in support of the appeal. you have up to 2 minutes. >> [singing]. i wish you good luck with texas and all the stars up in the sky. i wish you all good luck with [inaudible] texas and thank you all you guys. >> thank

the appellates are not here. let's make it-- >> my name is david inlow [inaudible] is having eye surgery. i will reiterate her appeal. she feels like the project cast too much shadow on her property. the bulking doesn't seem right that that project is in a block that is characterized by single or 25 foot wide lots with single family residence, victorians and old wood frame buildings. it appears suitable for the down hill type of development, but it is the first project on this particular block and doesn't seem to suit the character of that block. i understand a few lots were consolidated to make this property and it is the first property on the block. the bulking seems to over wellm the other lots on that particular block. thank you. now i'll open this up to public comment for anyone who wants to speak in support of the appeal. you have up to 2 minutes. >> [singing]. i wish you good luck with texas and all the stars up in the sky. i wish you all good luck with [inaudible] texas and thank you all you guys. >> than

the corruption, the conclusion went to the appellate court. while this is where we started.ost of what you've been told about watergate is untrue. they colluded with both trial and appellate judges. they were denied any semblance of a fair trial. the dice are loaded, the deck was stacked. so what. you know, it is 40 years, so they cheated. this is hillary's question on big guys see. what difference at this point does it make? well, i will tell you what difference it makes. they cheated, they got red-handed and there has to be consequences and that's where the bookstores. there has to be consequences because those who did not learn from history are doomed to repeat it and this applies to conservatives alike because it was done to republicans in a time of intense political conflict, if our bill of rights could not withstand political pressure, it could be done to democrats next timeout. if the rules don't apply to some, then they don't apply to all. the theory of a fair trial, most americans will tell you even the most most despised criminal deserves a fair trial. we give them

. >> as an appellate lawyer, you get the transcript of the trial and work from the transcript.'s on the page. in this case, what was on the page was erroneous in large parts and we had issues reconstructing the trial transcript. >> reporter: darlie's trial transcript had over 30,000 mistakes. >> it was very difference, the difference between yes and no. the difference between up and down. i'd never seen that before in 25 years of practicing law. >> reporter: when sandra, the court reporter for the trial was questioned she pled the fifth amendment. coop canner felt confident the flawed transcript could earn a new trial for darlie, preferably in a courtroom away from kerrville. this drew concern from prosecutors. >> when all of this came to light, the state offered her a life sentence, and all she would have to do is basically admit she killed her children. >> what did she say? >> no. >> what does that tell you about darlie? >> she's strong. she's brave and she's innocent. >> reporter: but just hours before the scheduled hearing, the judge denied darlie's motion. >> these demonst

court may revisit this. >> they have a free trial and appellate issue. taking the last word on that. ted and katie, thank you both very much. and coming up, did you see what the new attorney general loretta lynch did? i will tell you. i will tell you. plus, i so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms. tablets. keep it all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberry apple scones smell about done. ahh, you're good. i like to bake. add new business services with at&t and get up to $500 in total savings. >>> let's all go off-the-record. cross your fingers, we might have a really good attorney general on our hands. i'm talking about new attorney general loretta lynch. she has, well, guts. first, she stepped up and went on camera to publicly condemn, yes condemn violence against police. >> i yo

court may revisit this. >> they have a free trial and appellate issue.the last word on that. ted and katie, thank you both very much. and coming up, did you see what the new attorney general loretta lynch did? i will tell you. plus, i will tell you what i think off the record, of course. that's in connection with. in my. and so many little things that we learned were really the biggest things. through it all, we saved and had a retirement plan. and someone who listened and helped us along the way. because we always knew that someday the future would be the present. every someday needs a plan. talk with us about your retirement today. bring us your aching and sleep deprived. bring us those who want to feel well rested. aleve pm. the only one to combine a safe sleep aid... plus the 12 hour pain relieving strength of aleve. be a morning person again with aleve pm. so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my

lou: federal court system telling goodell and nfl grow up. >> it should be dropped, appellate court should just drop it, send it back we're sticking back with the underlying decision. i didn't like brady losing his quell phone but -- the into found the decision. lou: this is goodell's ego working and 32 owners of will nfl letting hired help run right across the top. >> but it is the court's responsibility to say no could stop it now, and send it back. >> he has a right to go to an appeal. lou, of course, he does. >> the judge said, you deputy do this proper -- you didn't do this properly. so we deny it. either you win fully or you lose fully, he lost fully, he said i want another chance but make it faster for me. why should you make it faster for the nfl. lou: they are not only absolutely some of the most irresponsible and incom incompet leaders thess -- 32 owners coult in place, a even dective, and pet -- vindictive, and petty. >> and the public said this is silly let it go. but why are the judges going along with this? it does not make sense to me. lou: i was going to ask, the nfl they w

>> well, that's the one place the nfl has done very well is in the appellate courts, between goodell his general counsel jeff pash, winning percentage is much high or appeal than in the initial trial rounds whether it's the gambling case, whether it's the lockout case, whether it's the clorette case, the nfl is strong on appeal except for the american needle case in the u.s. supreme court. so the record is much stronger. lou: that's three out of four. >> well, the other cases were the first round arbitration, and this would be a first round arbitration in the nfl's mind, it's going up to the circuit court of appeals where they've done a bit better, and that's what they still think they're going to do. lou: do you think there's any hold on what berman ruleed? >> i think it's going to be very hard to overturn berman, given the nature of the factual findings he made. >> the factual findings. >> the burden of proof shifts. lou: right, but here's the interesting thing about that 40-page decision by the judge. basically, he was very politely saying that that was a sordid process constructe

. >> ruben's appellate lawyer was determined to get ruben off death row.n appeal after appeal, ruben's case was denied in both texas and federal courts. >> do you feel like anyone is taking your issue seriously? absolutely not. i would get more review on a car theft case than i would on a capital murder case in texas. >> ruben's lawyer felt the case against him was weak because the only evidence was juan moreno's testimony. >> and that was it. there was no other evidence in the case. no circumstantial evidence, no firearm, no nothing. that was the entirety of the state's case on a 17-year-old boy. >> lack of evidence was not sufficient grounds to win an appeal. >> on appeal, guilt or innocence is never the issue. what our constitution promises every criminal defendant is a fair trial. because the trial was so clean, there was no basis, no error that had been committed during the course of the trial that would have justified a reversal. it was as clean as they come. >> in a last ditch effort, ruben's lawyer requested a hearing in front of judge susan d. ree

do not miss my interview with edge mark appel's bill early tomorrow. tomorrow. ♪ mark: i'm mark halperin. john: i'm john heilemann. and "with all due respect" -- of celebrityst apprentice, hostilities to, baby. john: on the show tonight, the hillary clinton's lap and then make america great cap, but first joe biden -- this is a big week in the campaign. bere's the guaranteed to good for television republican debate and lori clinton's poll numbers are raising real questions in the democratic party and john sets it up with

(appellant: joshua n.n behalf of solano county orderly growth committee) (filed june 30, 2015). (clerk of the board) [affirming the approval of a final negative declaration - recology landfill disposal agreement - hay road landfill in solano county] motion affirming the approval by the planning commission of a final negative declaration under the california environmental quality act for the proposed agreement for disposal of municipal solid waste at recology hay road landfill in solano county. (clerk of the board)1234 [reversing the approval of a final negative declaration - recology landfill disposal agreement - hay road landfill in solano county] motion reversing the approval by the planning commission of a final negative declaration under the california environmental quality act for the proposed agreement for disposal of municipal solid waste at recology hay road landfill in solano county. (clerk (clerk of the board)1234 sf 431234 sf[preparation of findings to reverse the approval of a final negative de

the corruption, the collusion wasn't just that they went to the appellate court. so what do we know? well this is where we started. much of what you have been told about watergate is untrue. pres. nixon nixon was driven from office by false representation. his aides were denied a fair trial the dice were loaded in the deck was stacked. so what. it's 40 years, so they cheated. this is hillary's question on benghazi. what difference at this point doesn't make. well, i will tell you what difference it makes. they cheated they got red-handed and there has to be consequences. that's what the book starts. there has to be consequences because those who do not learn from history are doomed to repeat it. this. this applies to liberals and conservatives alike because of it was done to republicans, in a time of intense political conflicts, if our bill of rights did not withstand political pressure, it could be done to democrats next timeout. if the rules don't apply to some, then they don't apply to all. the theory of a of a fair trial, most americans will tell you that even

he understands that the entire region from the appellations through the rockies and you can't get yourods to market without going down the mississippi. he says we can allow us to fall into the hands of a foreign power. why are americans free? the founders understood it, and lincoln understood it because there is no standing army in peacetime for the 1st hundred 50 years in american. you have a hostile regime you have two armies facing each other. there are gold medals. lincoln says we can't allow that. you can leave, but you can't take the land of the water you can't let just local population unilaterally at anytime swivel them around. that's lincoln's vision. virginia has been up and running. a hundred and 50 years old. it's as old as lincoln is. you think virginia created the union? born in kentucky and your fathers from virginia and your grandfather pennsylvania and before that from new england. you moved to indiana and then illinois. indiana is a federal territory. the union is giving birth to the states in the midwest and the old northwest like illinois and indiana. you -- when yo

. >> he would have no choice to do what jw told him to do or appellant him. >> do you feel guilty? >> don't feel guilty but i feel involved. father. >> why would have black man help emmett. >> everything based on fear. if you instill here in the hearts of people. you can control them. >> it was less than well understood in the mississippi delta of the 1950s, where ab all-white jury quickly would employ print and jw milan of murder. and a grand jury refused to indict him for kidnapping. months later. a torture and murder of the boy was reported in a national magazine article, framing the story for years to come. . jw told the magazine he intended to stair the boy saying "what else would we do, he was hopeless, i'm no bully, i never hurt a nigger in my life. i like nigger's in their place, i know how to work them. i decided it was time a few people were put on notice. nigger gets close to mentioning sex with a white woman, he's tired of living." marlon gave a detailed confession explaining hours after pissle whipping him, he ordered the boys to strip naked, shot him and threw him in

. >> he would have no choice to do what jw told him to do or appellant him. >> do you feel guilty? >> don't feel guilty but i feel involved. father. >> why would have black man help emmett. >> everything based on fear. if you instill here in the hearts of people. you can control them. >> it was less than well understood in the mississippi delta of the 1950s, where ab all-white jury quickly would employ print and jw milan of murder. and a grand jury refused to indict him for kidnapping. months later. a torture and murder of the boy was reported in a national magazine article, framing the story for years to come. . jw told the magazine he intended to stair the boy saying "what else would we do, he was hopeless, i'm no bully, i never hurt a nigger in my life. i like nigger's in their place, i know how to work them. i decided it was time a few people were put on notice. nigger gets close to mentioning sex with a white woman, he's tired of living." marlon gave a detailed confession explaining hours after pissle whipping him, he ordered the boys to strip naked, shot him and threw him in

she wants an appellate judge to reverse that. are her chances slim and none. >> very slim, contempt is different. it's civil contempt. it's like here's the keys to your own jail cell if you comply with the court's order to issue these licenses, you walk out of the building. that doesn't mean she technically couldn't win on appeal but the reality is there's almost no legal authority whatsoever for the proposition that your private religious beliefs can prevent you from issuing a lion consistent with a supreme court interpretation of the constitution. >> she can't allow her faith to prevent citizens from exercising their legal rights and in fact a u.s. supreme court nine years ago decided this very point. we'll put it up on the screen. when a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom. in other words, she can't do her duty, she should have another job. >> let me address another point. they kind of got a little cute. the said, wait a minute. when she raised her r

last week the appellate court of illinois reversed the decision.el of judges slammed the prosecution's case, calling their theory unreasonable, improbable, and unsatisfactory. two years into his 26-year sentence -- mario walked out of prison a free man. greeted by a busload of cheering family members and friends. >> how does it feel to be free? >> amazing. it's an amazing feeling. >> reporter: the prosecutors can appeal but mario's attorney kathleen says their case is air tight. >> he will never spend another day behind bars. never. this thing's over. i think the decision clearly says that they helped fabricate evidence against mario. >> reporter: we reached out to the prosecutor's office but they declined to comment. newly freed, mario says he's grateful to his family and his legal team and shares his new dream. >> a one, a three, a five-year plan, maybe. one would be, to be in law school a year from now. three, to be finished. five, to be a state legislator. >> reporter: hoping to right the wrongs others may face. >> i want to try and prevent thi

some people have described it as judge, jury, execution and appellate court. >> at the u.s. open touch match for venus williams who happens to be the last player to beat serena williams. a quarter finalist at the open last year over matched today by venus williams, she looked great. 31 winners only 15 unforced errors almost twice as old as her opponent. a 6-3, 6-4 win for williams who advances to the round of 16 for the first time in five year. now serena plays later on tonight. she keeps winning, venus keeps winning. they are just coming at each other in the quarterfinals we could have a williams-williams match. >> again. >> again. >> soon enough. >> friday. >> yes! >> wow. >> are you about the baseball the last couple weeks? >> i don't know. >> fans are begging them. >> practicing it? >> stretching. >> the ham string stretch. >>> thank you. >> [laughter] >> sade is a look at what will be on tonight at eye witness news 11. >> well, tonight at 11, could weight loss surgery be the key to helping control type ii diabetes for some people? also remembering a young boy killed in

this flawed ruling requires appellate review." and that's what's happening right now.urt of appeals could wipe away capital punishment in california, but zimring says it's not likely. franklin: the verdict that is being defended in the ninth circuit is a long shot. the most likely outcome will be that a panel of the ninth circuit will reverse it. sam: on what grounds? california may show it's not up to the courts to decide the issue in the first place. or attorneys might point to delays as proof the state doesn't want to execute innocent people. that's congressman adam schiff's hunch. still, he believes that the court proceedings will lead to change one way or another. adam schiff: given the concept of the death penalty, given the difficulties we've had in it, and the difficulties other states are experiencing at it, we need a wholesale review whether this makes sense. sam: this court case could very well prove a tipping point. male: i have major problems with the district court's exhaustion really. sam: on a tired subject here in california. and we are still awaiting

there is one appellate court that concluded that it had not and it may mean that there will end up being additional legal action in this area. but i think if anything, this particular case does illustrate the lengths to which this administration has gone to protect religious liberty, while at the same time protecting access to health care that millions of women rely upon. >> just to pinpoint, you were talking to major about the cra stuff. is it safe to say this idea of a continuing resolution that would fund the government until the end of the year or the december, the white house would oppose that, right? >> i think that -- i wouldn't at this point pre-judge what that length would be. i mean, i think as major pointed out, and you've got more experience covering these issues than i do, that sometimes it can take a little while for these differences when it comes to the budget to be resolved. >> so you might be willing to accept a continuing resolution to fund government until december? >> well, i think what we would be willing to do is to join the democrats and republicans on capitol hil

offer to plead guilty to all of the charges for life without possibility of parole and waiving his appellate rights. >> in exchange, gardner's attorney wanted the death penalty off the table. so her dilemma, should she continue to h velop her strong death penalty case in the murder of chelsea king? should she wait for the task force to link gardner to amber's death too, or would that ever happen? >> there was absolutely no link that anyone was able to find between john gardner and amber. >> and so d.a. dumanis was faced with a choice, proceed only in the chelsea king case or make another deal to get some kind of justice for amber. you could have won pretty easily a death penalty case in the chelsea king case. why not just do that, get the death penalty for that one? >> the question was for the mily. so the family i talked to was chelsea's family because we had no cas on amber, and we talked about the fact that the end result with a life without possibility of parole is he'd die in prison and there would be no appeals. >> so the kings were faced with a decision. would amber's parents ever lea

and carrow don't control gps an that is not binding appellate precedent for our purposes.minority position to be clear. and that is a minority position even in the state courts. but there have been a few decisions. and that is one example how you can use the reilly moment to kind of further that argument. and then when you are talking about lean on good faith and reliance on an order that on its face looks good but later found to be insufficient. and one area, and maybe this reflects this kind of growing -- the reflects that state law enforcement officers will oftentimes investigate the gate that makes its way up to federal court, in those instances if you can show the state law enforcement violated a state -- constitutional protection, or state statute, while that doesn't necessarily mean you win on the fourth amendment issue, if you can win the fourth amendment issue, then you can use the state law as an advantage to defeat the lean on good faith and argue, i'm glad you created this new rule that you hadn't thought of before but in this state, for example, police have be

just to make sure everybody understood that. >> so although the appellant has pointed out that there was a flaw in the 311 notification, i think he has had adequate contact, more than adequate contact with the project sponsor and the fact that i almost feel this has been over vetted. i am in the opinion of denying the appeal and upholding the permit. >> no comment. >> commissioners, just as a reminder, as commissioner fung stated, this is a variance and your task is to decide whether or not the 5 findings under planning code 305c have been met or not. >> you know i'm a hard case on variances. >> yeah. >> but i do feel that one is a little bit different because if you look at the ones that are more specific to the property because these quite clearly are always very general, i've said that, i don't know, hundreds of time. but the one that strikes me is that a property right that is given to adjacent neighbors that you don't have and i think that strikes me quite heavily in this particular case. the one that doesn't strike me so generally is the last and most general one is the questio