Rendon analysis leads to amazing conclusion.

Wednesday, August 19th, 2015
By: Jonathan MontagJ.D.

In my last post, I discussed puzzlement that the Ninth Circuit Court of Appeals did not make a Rendon  analysis in its decision to remand Madrigal-Barcenas v. Lynch. Just a week later, two days ago, the Court issued a decision in Lopez-Valencia v. Lynch, a case involving theft, Cal. Penal Code § 484. Using a Rendon analysis, the Court concluded that the California theft statute cannot be considered a theft offense as it is overbroad and indivisible. This is the type of result one might expect in a Rendon analysis of a drug paraphernalia statute.  A caveat: the case does not address whether Cal. Penal Code § 484 is a crime of moral turpitude, the usual way the statute affects aliens under the immigration laws. Posted August 19, 2015.


No Responses to “Rendon analysis leads to amazing conclusion.”

Comments are closed.