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…
The Court of Appeal reversed the trial court’s sanctions imposed on a San Francisco Public Defender for failing to provide the prosecution with the name and statements taken from a witness called by the co-defendant’s lawyer. The Public Defender asserted that the trial judge improperly imposed a $950 sanction on…
They are the sights and sounds no driver ever wants to see or hear. They are flashing lights of a law enforcement vehicle pulling you over, or the disheartening thump or crunch of your vehicle colliding with another. While these things may have an immediate impact on you in areas…
The San Francisco Superior Court granted a motion to suppress a handgun found in a car that was searched by a Police Officer after he smelled the weaker odor of unburnt marijuana. The car, driven by a husband on a date-night with his wife, was stopped on the Embarcadero for…
New and changed laws that took effect January 1 will affect drivers in California. The following information was issued by the California Department of Motor Vehicles. Temporary License Plate Program (AB 516, Mullin): Designed to reduce toll evasion Licensed California dealers, of new and used vehicles must attach temporary paper…
On February 6, 2018, San Francisco introduced legislation to eliminate all criminal justice administrative fees and cancel all outstanding debt from these criminal justice fees. The ordinance changed the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriff’s Work Alternative Program, the automated county warrant system,…
Like any governmental agency, the DMV is an imperfect machine and, while those responsible for deciding who drives and who doesn’t may have good intentions, that “imperfect machine ” may still sometimes take away driving privileges from people who shouldn’t be sidelined. When that happens to you due to your…
A lawyers association has standing to sue the Department of Motor Vehicles (DMV) for alleged waste of government funds in conducting unfair administrative hearings. The California Dui Lawyers Association (CDLA) brought a taxpayer action claiming the DMV wasted funds by violating the due process of drivers in DMV’s administrative per…