Natalee Holloway Suspect Joran Van der Sloot Confesses to the Murder of Peruvian Woman
Natalee Holloway Suspect Joran Van der Sloot Confesses to the Murder of Peruvian Woman
It was recently reported that Joran Van der Sloot, the Dutch citizen who was the prime suspect in the disappearance of American student Natalee Holloway in Aruba in 2005, confessed to the murder of 21-year-old Stephany Flores Ramirez in Lima, Peru. Ramirez was found murdered in Van der Sloot's hotel room. The two met hours earlier playing poker at a casino. Ramirez was an avid poker player and Van der…
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California Plans to Crack Down On Dog Fighting – California Penal Code 597.5
Dog fighting has been a popular subject ever since NFL quarterback Mike Vick was convicted. California has increased criminal penalties for being a spectator of an organized dog fight. Prior to this change, Penal Code section 597.5, subdivision (b), provided that any person who was knowingly present as a spectator at a place where preparation for a dog fight took place, was guilty of a misdemeanor. Now, the legislature has…
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Court’s Erroneous Admission of Gang Evidence Resulted in Reversal of Murder Convictions
In a recent decision by the California Court of Appeals, it was held that the trial court erred in admitting irrelevant and highly prejudicial gang evidence of the defendants' membership in a motorcycle club, where there was no evidence that the club was a street gang or a criminal enterprise, and where the prosecution offered this evidence in its case-in-chief primarily to show defendants' criminal disposition to commit murder. (People…
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What Are The Costs of A DUI Conviction?
Drunk Driving in California has been a danger to drivers and pedestrians for a number of years. By choosing to drive drunk you can cause catastrophic or fatal injury to yourself and others. If you are convicted of a DUI there will be a number of costs associated with your decision. Recovering from a drunk driving conviction can be a tedious and drawn out process. Some of these costs associated…
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Embezzlement: Intent To Return Property May Not Be Enough To Evade Charges – California Penal Code § 503
The California Courts of Appeal for the Fourth District recently held that an individual may be guilty of embezzlement even if that person intended to return the property in the future. Jorge Casas, a car salesman, was carrying out a trade-in transaction with a customer. To complete the exchange, it required Casas to drive the trade-in to the customer's house to collect a $1,500 down payment. Casas turned a standard…
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Yes, You Do Have a Right to Defend Your Case – Due Process Rights
The United States Court of Appeals for the Ninth District recently held that the Sixth Amendment guarantees the right of a criminal defendant to due process, which includes the right to a meaningful opportunity to present a complete defense. In Lunbery v. Hornbeak, No. 08-17576, Kristi Lunbery was convicted of second-degree murder of her past husband, Charlie Bateson. Bateson was murdered in 1992, but the case was reopened in 2001.…
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Evidence Allowed for Contra Costa County man carrying a Concealed Firearm – California Penal Code Section 12025
The Daily Appellate Report recently reported that Michael Henry can be charged with carrying a concealed weapon. Henry was pulled over for running a red light, and subsequently fled the scene after being asked if he had anything illegal in his possession. Henry was pursued by several officers while one officer returned to the vehicle and called a tow truck. When the truck arrived, Henry's vehicle was opened and searched…
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United States Supreme Court: Suspects Must Now Affirmatively Invoke Miranda Rights
The United States Supreme Court has recently reviewed the laws pertaining to the Miranda Rights. The Supreme Court has loosened the restrictions of how the Miranda Rights are enforced. In Berghuis v. Thompkins, No. 08-1470, the Court held that once a suspect has been informed of his or her right to remain silent, he or she must affirmatively invoke those rights. A crime suspect's words can be used against him…
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Ways to Protect Yourself When Going Through A Divorce
Statistics show that over half of marriages in the United States end in divorce. Divorces are becoming more and more common. But a divorce can be a devastating experience. It could affect your finances, mental health and relationship with your family. That is why it is extremely important to seek the help of an experienced divorce lawyer in California if you are contemplating divorce. Your divorce attorney can help guide…
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Day Laborer Sentenced to 26 Years to Life For The Murder of Boss With Pickax
Ernesto Hernandez Avalos, a 23-year-old day laborer who murdered his boss by repeatedly hitting him with a shovel, then used a pickax to crush his head, was sentenced to 26 years to life in prison. In January of this year, Avalos was hired as a day laborer to work for a landscaping business owned by Woo Sung Park, a 45-year-old father from Rancho Santa Margarita. At a house in Irvine,…
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