Acceleration Bay LLC v. Take-Two Interactive Software

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an erroneous cumulation order is not subject to procedural default
• observing that a defendant may be incentivized to agree to consolidation of a punishment proceeding because “he could insist upon the imposition of concurrent rather than consecutive sentences, thus taking the normative decision away from the trial judge”
• affirming “LaPorte’s statutory interpretation of ‘a single criminal action,’” and overruling on another ground
• distinguishing between violations of constitutional rights and statutory or procedural violations, and stating that, Acosta – 71 while “procedural errors or statutory violations may be reversible error,” they “are not necessarily fundamental or constitutional errors”
• finding “sentences subject to an improper cumulation order are [not] ‘void’”
• “[Section] 3.03 confers a Marin waiver-only right—a right that must be implemented unless affirmatively waived.”

Source: CourtListener parenthetical corpus (CC0).