UNITED STATES SUPREME COURT AGREES TO HEAR CASE THAT COULD SEVERELY LIMIT PROSECUTORIAL IMMUNITY
UNITED STATES SUPREME COURT AGREES TO HEAR CASE THAT COULD SEVERELY LIMIT PROSECUTORIAL IMMUNITY
The Supreme Court recently decided that it take up a Los Angeles case to decide whether a chief prosecutor can be held liable for a man's wrongful conviction for murder. The case of Van de Kamp vs. Goldstein will test the reach of the rule, set down by the Court in 1976 that prosecutors are immune from being sued, even when defendants are shown to be innocent. Prosecutors, like judges,…
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COURT: SIXTH AMENDMENT GIVES DEFENDANT THE RIGHT TO HAVE JURY INFORMED OF MANDATORY MINIMUM SENTENCE
The case, United States v. Polizzi, involved a child pornography prosecution. The Defendant in the case immigrated to the United States from Sicily when he was a young adult. He thereafter married and had five successful sons. Additionally, he was able to purchase a restaurant, which he turned into a successful establishment as a result of working eighteen hours per day, seven days per week. When the Defendant was a…
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WHAT IS A “BUI?”
With summer upon us, many people will be taking advantage of the warm weather and sunshine by going boating, water skiing, jet skiing, and the like. Those who do, and who might be imbibing, should be aware of "BUI" laws. While everyone knows that it is illegal to drive while "under the influence" of alcohol and/or drugs, many may not be aware that similar laws apply on the water. That…
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NEW DEVICE HELPS COPS INVESTIGATE COMPUTER CRIMES
Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in internet crimes. The "COFEE," which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that Microsoft distributes to law enforcement agencies investigating computer related crimes. COFEE contains 150 commands that can dramatically cut the time it takes to gather digital evidence, which is…
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VICTIM NEED NOT PRESENT “PROOF” OF LOSS AT RESTITUTION HEARING
So says the California Court of Appeals in the recent case of People v. Gemelli. In that case, the victim provided information regarding losses sustained as a result of a burglary, but did not submit "proof" of loss in the form of receipts and the like. The Court found that, once a crime victim sets forth a prima facie showing of economic loss, the burden shifts to the defendant to…
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PROPOSED LAW TARGETS CRIMINAL IMMIGRANTS
The parents of Jamiel Shaw, a standout high school football player who was shot and killed, allegedly by a gang member who is present in the United States illegally, have asked the Los Angeles City Counsel to enact a City Ordinance designed to crack down on gang members who are in the United States illegally. Under a current and controversial LAPD Policy known as "Special Order 40" LAPD officers are…
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NEGLIGENT OPERATOR HEARINGS
If you have accumulated too many traffic points because of traffic ticket convictions, you run the risk of being tagged as a "negligent operator" by the DMV. By law, a driver is presumed to be a negligent operator if the driver has 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months. (Veh. Code, § 12810.5, subd. (a).)…
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Wireless Telephone Laws FAQs
Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws. Q: When do the new wireless telephone laws take effect? A: The new laws take effect July 1, 2008 Q: What is the difference between the two laws? A: The first prohibits all drivers from using a handheld wireless telephone…
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POLICE SEEK CONSENT TO SEARCH HOMES
Police officers in Washington, D.C. are so anxious to get guns out of the city they are actually going door-to-door asking citizens for "consent" to enter their homes to search for illegal guns. Washington, D.C. is home to one of the most restrictive gun bans in the United States. The gun ban is currently the subject of a case that is pending before the United States Supreme Court. People should…
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FIELD SOBRIETY TESTS – DO I HAVE TO TAKE THEM?
The short answer to this question is, as a general rule - NO!! If you have been pulled over or contacted by police officers that suspect that you have been driving under the influence of alcohol or drugs, you are, with one possible exception, under no legal obligation to submit to so-called "Field Sobriety Tests." One big exception is if you have been previously convicted of a DUI and the…
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