What Is the Difference Between Writs of Habeas Corpus and Audita Querela?
What Is the Difference Between Writs of Habeas Corpus and Audita Querela?
Recently, the Ninth Circuit held that a federal prisoner may not challenge his or her sentence pursuant to a petition for a writ of audita querela if the requested relief can be obtained through a writ of habeas corpus. Defendants in California have a right to challenge their conviction in either state or federal court by way of filing an appeal and later a writ of habeas corpus. The writ…
Read More
AL GORE ACCUSED OF SEXUALLY ASSAULTING WOMAN; CASE DROPPED FOR LACK OF EVIDENCE – CALIFORNIA PENAL CODE SECTION 243.4(E)(1)
A woman whose name has not been released claimed that Al Gore sexually assaulted her on October 24, 2006. The woman, a massage therapist, stated that her employer sent her to Al Gore's hotel room to perform a massage. During the course of the massage, the woman alleged that he sexually assaulted her. The woman first contacted the police in 2006 but did not wish to proceed with a criminal…
Read More
WHAT HAPPENS WHEN DEFENDANT’S RIGHT TO CONFRONTATION CONFLICTS WITH WITNESS’S ATTORNEY-CLIENT PRIVILEGE?
The Sixth Amendment to the United States Constitution assures the defendant the right to confront and cross-examine adverse witnesses. Under California Evidence Code section 594, "a client. . .has a privilege to disclose or refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by (a) the holder of the privilege, [or] (b) a person who is authorized to…
Read More
Gang Expert’s Testimony, in Response to Improper Hypothetical, Should Have Been Excluded
The California Court of Appeal recently held that Killibrew error [People v. Killibrew (2002) 103 CalApp.4th 644] resulted from a gang expert's response to an improper hypothetical question posed by the prosecutor. The rule set forth in Killibrew is that an expert witness may not offer an opinion on what a particular defendant is thinking. The Court in this case noted that the prosecution cannot circumvent that rule "by asking…
Read More
Good Conduct Credit for Presentence Custody Doubled – California Penal Code § 4019
In People v. Keating, No. B210240, the court held that the 2009 amendment to California Penal Code § applies retroactively to sentences handed down even before the amendment was passed. Keatings appealed his conviction claiming that there was not enough evidence to have found him guilty of several crimes. Between the initial sentencing and the appeal, California Penal Code Section 4019 was amended, which changed the procedure of good conduct…
Read More
Trader Joe’s Robbery – California Penal Code Section 211
It was recently reported in the L.A. Times, a Trader Joe's was robbed by two men. In an attempt to fend off the two robbers, the store clerk hit one of the robbers with a wine bottle. The other armed robber then shot the clerk in the leg. The two robbers fled the store in a car driven by a third person. All three are still at large. Under California…
Read More
LAKERS FANS RIOT AFTER GAME 7 VICTORY
On June 17, 2010, the night of the Los Angeles Lakers Game 7 victory over the Boston Celtics, Los Angeles fans took to the streets. Rioters threw bottles and rocks at police, set bonfires, and overturned vehicles. The police declared an unlawful assembly around the Staples Center after fans poured out of the arena to celebrate the Lakers 2010 NBA championship. Los Angeles police arrested around 38 people, mostly for…
Read More
Man Bites off Victim’s Nose in Fight Convicted of Aggravated Burglary and Aggravated Battery California Penal Code Sections 243 and 459
KOAT recently reported that Joey Maes was convicted of one count of aggravated burglary and one count of aggravated battery for biting off a man's nose. The charges stem from an incident when Maes was asked to leave a party he had been attending. Maes returned soon after leaving, kicked in the front door of the home, ran into the kitchen, grabbed a knife and began threatening the occupants. When…
Read More
Death Row Inmate Executed by Firing Squad – California Penal Code Section 3604
CNN recently reported that Ronnie Lee Gardner, 49, was executed by firing squad for the shooting death of attorney Michael Burdell during a failed escape attempt from custody in 1985 at a Salt Lake City, Utah courthouse. A hood was placed over Gardner's head and a paper target pinned to his chest. He was heavily restrained as a five-person firing squad took aim at the target and shot him. Gardner…
Read More
OFFICER ACCUSED OF SHOOTING UNARMED MAN; EXPERT TESTIMONY FOCUSES ON POLICE FIREARM PROCEDURE
The current trial of a white transit officer accused of killing an unarmed black man recently focused on the officer's accidental discharge of a firearm instead of a Taser. Officer Johannes Mehserle, 28, shot Oscar Grant on January 1, 2009, in Oakland. Mehserle stated that he intended to subdue Grant with a Taser, but accidentally drew and fired his .40 caliber handgun instead. According to expert testimony, police officers are…
Read More