The California Department of Motor Vehicles has very wide-ranging powers in that it can suspend or revoke a driver’s driving privileges for a lot of different reasons. One of the more common reasons is alleged concern about your health and whether you’re medically able to drive safely. If that issue…
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…
Common Law: Court has no jurisdiction over defendant once execution of sentence commences Under the common law, once execution of the sentence has commenced or the trial court relinquishes custody over the defendant, the trial court no longer has jurisdiction over a defendant. If trial court retains the actual or…
Law enforcement may use social media to gain incriminating information about a suspect. A jury convicted Chaz Nasjhee Pride of robbery and found true allegations he committed the robbery for the benefit of a criminal street gang. Pride argued that his rights under the Fourth Amendment to the United…
In almost any type of legal matter, there are certain things you definitely should do and things you definitely shouldn’t. For example, if you get caught speeding, do not try to invent some off-the-cuff lie to create a purported justification for your speeding, and don’t double-down on that lie after…
Police in Indians arrested seized Tyson Timb’s for dealing in a controlled substance and conspiracy to commit theft. They seized his Land Rover that he had purchased for $42,000 with money he received from an insurance policy when his father died.Timbs pleaded guilty and the State sought forfeiture of his…
In a death penalty case, the California Supreme Court concluded that the trial court improperly excused at least four prospective jurors for cause and reversed the defendant’s death sentence while affirming his conviction. In a capital case, the erroneous excusal of even one prospective juror for cause requires automatic reversal…
The California Court of Appeal held that the prosecution in this case was not required to grant use immunity to a prosecution witness who invoked his right of self-incrimination at trial instead of introducing the witness’s preliminary hearing testimony under the provisions of Evidence Code section 1291.1, the hearsay and…
Here are some of the significant changes to Criminal Laws in 2019. Post-conviction Discovery • Under existing PC 1054.9, a person sentenced to death or LWOP is entitled to post-conviction discovery to file a habeas or motion to vacate judgment. Amendments expand this right to defendants sentenced to:any case in…