Not All Subpoenaed Documents Need to be Turned Over to the Prosecution
Not All Subpoenaed Documents Need to be Turned Over to the Prosecution
A recent California Appeals court case (Kling v. Superior Court) held that the prosecution is not always entitled to view or even be present when the court is opening documents that have been subpoenaed by the defense. The court points to Penal Code Section 1326(c) in its opinion and then adds to it some relevant case law. Penal Code Section 1326(c) provides, in relevant part, "When a defendant has issued…
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Admissibility of DNA Evidence in a Rape Case
The California Supreme Court seems likely to allow wide latitude for prosecutors to use DNA evidence to extend the statute of limitations in crimes such as rape. The statute of limitations is the amount of time a prosecutor has to file charges against the alleged defendant. If the prosecutor does not file charges in time, then the defendant cannot later be prosecuted for that crime. In November, the California Supreme…
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What Happens if a Police Officer Lies: The Effectiveness of a Pitchess Motion
Defendants often wonder what they can do when it is just their word against the arresting police officer's word. One option is to file a Pitchess motion to review the police officer's personnel record. A Pitchess motion is a request made by the Defense in a California criminal case, for the personnel records of the arresting officer if the defendant has filed an affidavit alleging the use of excessive force…
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Irvine DMV Hearings and DUI Defense Attorneys
Irvine is situated in Orange County and has an approximate population of 207,500. As home to numerous Universities and located within close proximity to popular beach sites like Newport and Laguna, Irvine attracts several visitors and new residents throughout the year. named Irvine the fourth best place to live in the U.S. due to having desirable jobs, housing, and schools. Nevertheless, similar to many major cities, arrests for driving under…
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The Los Angeles Police Department Maintains that Synagogue Shooting Not a Hate Crime
Recently it was reported that two men were shot in a North Hollywood synagogue parking lot by an unknown assailant. Immediately after the shooting, there was great concern that these shootings were the result of a "hate crime" or possibly an act of terrorism. The Los Angeles Police Department's counter Terrorism and Criminal Intelligence Bureau has stated, however, that there is no reason to believe that the shootings were in…
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Los Angeles County Sheriff Announces a Possible Suspect in Station Fire Arson Case
Babatunsin Olukunle has been arrested for setting a fire in the Angeles National Forest near where the Station Fire originated. Los Angeles County Sheriff's Lieutenant Liam Gallagher stated they are now also investigating into whether Olukenle has any connections to the Station Fire that was started 6 days later. Olukunle was seen by two Forest Service Officers setting a smaller fire six miles from where the Station Fire was started,…
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San Bernardino DMV Hearings and DUI Attorneys
San Bernardino is a major city within California's Inland Empire that covers 78.5 square miles. As the 18th largest city in California based on population, San Bernardino has an approximate population of 205,010. San Bernardino is situated at the foothills of the San Bernardino Mountains. Considering California's popularity for tourism and the many inhabitants who call San Bernardino home, many motorists take to the road within the area. Due to…
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In Dependency Cases Parents Are Entitled to a Hearing Before their Biological Children Are Put Up for Adoption, Even if There Has Not Been Continuous Contact
A recent California Court of Appeals decision held that a biological parent may request a hearing before his or her child is put up for adoption by the state. In M.T. v. Superior Court (San Francisco Dept. of Human Services) the Court of Appeals cited to the California Welfare and Institutions Code (WIC) Section 366.26 for the proposition that the parent has the right to the hearing and must have…
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Recent Ninth Circuit Decision Makes Jury Selection More Even-Handed
A recent Ninth Circuit Court of Appeals decision dealt a blow to racially motivated juror dismissals. When choosing a jury, attorneys are allowed a certain number of challenges to remove jurors form the jury pool. The attorneys may challenge "for cause" or may exercise a limited number or peremptory challenges. The "for cause" challenges must be clearly stated and relate to a juror bias that would affect the impartiality of…
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New Law Cuts Jail Time You Must Do if Sentenced to County Jail
2010 has brought a host of new laws regarding criminal defendants that are currently serving time in jail. The new law allows for 1/2 time credit while in a jail in California. While not all defendants will benefit from this law (persons convicted of violent crimes or certain sex crimes), a far majority do. The old law gave a qualifing inmate who served 4 days in jail an additional 2…
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