United States v. Haymond (2019) ___U.S.___ [139 S.Ct. 2369], 2019 U.S. LEXIS 4398; No. 17-1672 Supreme Court of the United States,, Decided June 26, 2019. Imposition of a new and higher mandatory prison term for a parole violation requires jury trial After serving a prison sentence of 38 months for…
People v. Montalvo, 2019 WL 2537611 (Cal.App. 3 Dist.), 1 (Cal.App. 3 Dist., 2019) Did a man a woman posing as undercover police officers who took property from their victims commit a robbery? The California Court of Appeal examined this issue in a case where a defendant and a female…
Flowers v. Mississippi, Supreme Court of the United States, 2019 WL 25524892019 WL 2552489,June 21, 2019 Defendant, (Flowers) who is black, was indicted for the murder of four employees of a Mississippi furniture store, three of whom were white. Flowers was tried six separate times for the murders and was…
What is a a gubernatorial pardon? [Source: Immigration Legal Resource Center; UCLA School of Law Criminal Defense Clinic https://www.ilrc.org/sites/default/files/resources/gubernatorial_pardons_in_california_ilrc_cdc_2019.pdf In California, a pardon restores certain rights people lost a result of criminal conviction, for example the ability to obtain certain professional licenses. A pardon is formal recognition that an individual…
Everyone knows that certain offenses can result in your accumulating points on your California driver’s license, and everyone should know that those points are a serious matter as too many points in too short a span of time can result in the loss of your driving privileges. Most people know…
Police need a warrant to search a cellphone, but the issue of whether law enforcement can compel someone to divulge a passcode has not been resolved. According to Apple News the Indiana Supreme Court heard arguments on the issue and the state supreme courts in Pennsylvania and New Jersey may…
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…
Everyone agrees that driving while distracted is a bad thing. What everyone does not agree on, however, is how best to go about encouraging drivers to put down their cell phones while behind the wheel. Currently, the California legislature is considering a bill that would increase the penalties associated with…