California Advances Bill for Legal Drug Injection Sites

California’s Existing Controlled Substances Law  Currently, California law prohibits possessing or using certain controlled substances. In severe cases, violation of such a statute can be charged as a felony punishable by up to 3 years in state prison. Additionally, existing law prohibits being in any room where controlled substances are being unlawfully used or maintaining …

Can I Still File A Motion To Set Aside My Conviction Based On Incompetence Of Counsel In California?

The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition …

California Law Struck Down In Order To Protect Second Amendment Rights

The California Court of Appeal discussed the issue of whether California’s ban on semiautomatic rifles for young adults violated the Second Amendment by burdening the right to home self-defense and did not reasonably fit the objective of reducing violence.  In 2021, California prohibited the sale of semiautomatic rifles to young adults under the age of …

California’s Gun Control Bills Following Texas School Shooting

What Happened in Uvalde, Texas?   On May 24, 2022, a deadly massacre took place in Uvalde, Texas. A gunman entered Robb Elementary School and killed 19 students and two teachers before he himself was killed by a law enforcement officer. This marked the deadliest school shooting in the United States in a decade.  The gunman, …

Opposing Views on Victim’s Testimony in Domestic Violence Cases in California

Domestic violence crimes continue to be a major issue in California across all socio-economic and age groups.  According to the National Coalition Against Domestic Violence, 32.9% of women and 27.3% of men in California are victims of domestic violence. California Penal Code 243(e)(1) classifies domestic violence as a misdemeanor punishable by one year in county …

TRUMP FEDERAL JUDGES MOVING TO VOID GUN LAWS IN CALIFORNIA DESIGNED TO KEEP PEOPLE SAFE

In August of 2020, a divided panel of the Ninth Circuit Court of Appeals decided in the case of Duncan v. Becerra that the Second Amendment bans the state of California from prohibiting (under California Penal Code section 32310) the sale of large-capacity ammunition magazines (LCM), which are defined as magazines that hold more than …

CALIFORNIA LIMITS THE USE OF THE KILL ZONE THEORY OF LIABILITY FOR MURDER CHARGES

The California Supreme Court has issued a decision which strictly limits a prosecutor’s ability to convict a defendant of attempted murder based on a “kill zone” theory of liability. In cases where defendants are charged with attempted murder under the kill zone theory, prosecutors have been able to argue a defendant’s intent to kill each …

California Law Banning Gun Magazines Back in Effect

In the United States, California stands out for its expansive gun laws that constantly evolve to be forward-thinking while attempting to not harshly infringe on Second Amendment rights. The increasing frequency of mass shootings and gun-related crimes resulted in previous California governor Jerry Brown signing new laws that gave the state some of the strictest …