Youth are generally viewed as having less culpability under criminal law than adults who commit similar crimes. The mitigating factors of a defendant’s youth can be used to argue for a court to exercise its discretion to strike enhancements. For example, under section 12022.5, subdivision (c) a court may dismiss…
Definition of Prima Facie Prima Facie is Latin for “at first sight” and means based on what seems to be the truth when first seen or heard. Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” An…
Trial Court may impose additional release conditions even after a defendant has posted bail In re Webb, 2019 WL 2220410, S247074,May 23, 2019 Bettie Webb was arrested and charged with two felony counts of bringing controlled substances in to state prion and unauthorized possession of a controlled substance in a…
Forced blood draw of probationer suspected of DUI does not violate the Fourth Amendment The People, v. Manuel Miramontes Cruz, Jr. F074667, Filed 4/25/2019; 2019 WL 1856600 Probationer with a prior DUI conviction refuses to consent to chemical DUI test Defendant Manuel Miramontes Cruz, Jr., was charged with driving under…
Anthony Taylor filed a habeas petition claiming that his special circumstance finding in a felony murder conviction should be vacated due to insufficient evidence based on recent caselaw. His petition, filed 20 years after finality of direct review, was considered timely because it was brought within a year of that…
Lawyer cannot override client’s decision to maintain innocence Roberto Ignacio Flores was charged with attempted murder of a police officer and insisted he was not the driver of the car that injured the officer. His lawyer wanted to admit that Flores was driving the car but that he never formed…
People v. Aranda; S214116 The California Supreme Court reaffirmed its past holding that a court must accept a partial verdict of acquittal as to a charged greater offense when a jury has expressly indicated it has acquitted on that offense but has deadlocked on uncharged lesser included offenses. [Stone v.…
Lawyer cannot concede client is guilty when client insists on a defense of factual innocence Defendant was found guilty of first degree murder and using a knife in the commission of the crime after his lawyer conceded his guilt of voluntary manslaughter during closing argument. Defendant’s request to replace counsel…
The State of Alabama set an execution date for prisoner who then asserted an Eight Amendment Claim because his mental condition, relating to a series of strokes, rendered him incapable of recollecting committing the crime for which he had been sentenced to die. The Alabama Circuit Court found that the…
Body Worn Cameras for trust and transparency Body Worn Cameras (BWC) are a tool for law enforcement agencies to demonstrate commitment to transparency, ensure the accountability of its members, increase the public’s trust in officers, and protect department members from unjustified complaints of misconduct. (San Francisco Police Department Statement on…