Rape in California when a Person is Incapable of Giving Consent – California Penal Code Section 261
Rape in California when a Person is Incapable of Giving Consent – California Penal Code Section 261
Under California Penal Code Section 261, rape is defined as an act of sexual intercourse with a person who is not the spouse of the perpetrator. Rape can be accomplished in a number of different ways. Penal Code Section 261(a) lists the different circumstances under which a rape charge can result. Another type of rape that can be charged is when the sexual act is accomplished by force, violence, duress,…
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Anaheim Pastor Sentenced to 6 Years for Child Molestation – California Penal Code Section 288
It was recently reported in the OC Register that an Anaheim pastor was sentenced to six years in state prison for molesting four girls in his congregation. Jose Rama Campoverde, 46, entered a plea of guilty to one felony count of lewd acts with a minor, five felony counts of lewd acts on a child, two misdemeanor counts of child annoyance, and a sentencing enhancement allegation for lewd acts on…
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Nine Dead in Connecticut after Alleged Workplace Murder Suicide – California Penal Code Section 187, Section 188, Section 189
On August 3, 2010, a driver for an alcohol wholesaler went to work with a semiautomatic rifle and allegedly opened fire, killing eight. The driver shot and killed himself as police approached to subdue him. The driver, Omar S. Thornton, 34, was a new employee at Hartford Distributors in Manchester, Connecticut. The Teamsters Union stated that, despite his recent employment, he had already been identified as a disciplinary problem. A…
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Federal Prosecutors taking Barry Bonds Perjury Case to Trial – 18 U.S.C. Section 1623
Federal prosecutors are going forward with their perjury case against former MLB star Barry Bonds. This may be a surprise move by the prosecutors after the Ninth U.S. Circuit Court of Appeals upheld a San Francisco federal judge's ruling excluding crucial evidence to the prosecution's case on hearsay grounds. The excluded evidence included certain blood and urine test results that the government could not link to Bonds. The government's best…
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California Launches New Pilot Program Increasing Use of Ignition Interlock Devices in Select Counties – California Vehicle Code Section 23700
Starting July 1, 2010, a new law requires anyone convicted of DUI in Los Angeles County and three other counties, even first-time offenders, to install an ignition interlock device (IID) in his or her vehicle. (California Vehicle Code section 23700(a)(7).) IIDs require the driver to blow into a device before the vehicle's ignition will start. If the IID determines that the driver's blood alcohol content is above a certain threshold,…
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Mel Gibson Claims he has Hard Evidence of Ex-Girlfriend Extortion – California Penal Code Section 518
According to TMZ, officials have begun investigation into the extortion claims by Mel Gibson against his ex-girlfriend Oksana Grigorieva. Gibson claims that he has hard evidence of Grigorieva trying to extort him for money with the threat of releasing the audio recordings of a phone conversation between the two. The audio recordings may have indicated that Gibson committed domestic violence by punching Grigorieva and knocking out two of her teeth.…
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Man Who Intentionally Vomited on Phillies Fans Sentenced to Up to Three Months in Jail
On July 30, 2010, a defendant was sentenced for intentionally vomiting on a Philadelphia Phillies fan and his 15-year-old daughter at Citizens Bank Park in Philadelphia. The defendant was sentenced to one to three months in jail, community service, and ordered to pay $315, the cost of the tickets for the fan and his family. The incident occurred on April 14, 2010, at a game between the Phillies and the…
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Huntington Beach Man Arrested for Assault with a Deadly Weapon After Downtown Fight – California Penal Code Section 245
According to the OC Register, a 22-yesar old Huntington Beach man was arrested on suspicion of assault with a deadly weapon. A fight allegedly broke out in downtown Huntington Beach that resulted in a man getting stabbed in the chest. The victim's injuries were not life threatening. Assault with a deadly weapon is a serious crime. Under California Penal Code 245, any person who commits an assault upon the person…
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Ho Hum Bandit Suspected of Robbing Orange County Bank – California Penal Code 211-215, 459
It was recently reported in the OC Register that the so-called "ho hum bandit" is alleged to have robbed an Orange County Bank. The "ho hum bandit," nicknamed for having bland features, is suspected of robbing five San Diego banks. In the latest alleged incident, the robbery occurred in Corona Del Mar. The man gave a teller at the bank a note that demanded money. He received the money and…
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Trial Court’s Failure to Inquire into Reasons for Defendant’s Desire to Move for a New Trial Based on Ineffective Assistance of Counsel Can Reverse His Criminal Conviction
You must know that in California the claim of ineffective assistance of counsel may be asserted as the basis of your motion for a new trial pursuant to Penal Code section 1181. When the trial court failed to conduct any inquiry at all into the basis for your motion for a new trial, your conviction must be revered unless the record shows beyond a reasonable doubt that further inquiry into…
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