You Can’t Sue Police for Violating Your Miranda Rights
You Can’t Sue Police for Violating Your Miranda Rights
The Case of Vega v. Tekoh The case of Vega v. Tekoh involved a sexual assault investigation at a medical facility in Los Angeles. The prime suspect, Terence Tekoh, worked at the facility and was interrogated by a deputy sheriff, Carlos Vega. Vega did not provide Tekoh with his Miranda rights, which are a type of notification given by police officers to suspects in custody advising them of their right…
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People v. Padilla | Proposition 57 During Resentencing
What Is Proposition 57? In November of 2016, California voters passed Proposition 57, changing the way that juveniles could be charged for crimes. Prop 57 was part of an effort to reform the state’s criminal justice system, highlighting more lenient treatment for children. For juveniles, this meant that prosecutors could no longer directly determine whether to prosecute a juvenile in adult court. Rather, juveniles are charged in juvenile court, and…
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Is Sleepwalking a Valid Criminal Defense?
The Science Behind Sleepwalking Sleepwalking is a parasomnia, or sleep disorder, that affects about 20 percent of people throughout their lives. While most instances of sleepwalking disappear during childhood, some people continue to sleepwalk as adults. This can be caused by a chemical imbalance, fatigue or stress, or alcohol or drug abuse. In most cases, sleepwalkers are harmless, but sometimes, parasomnia can lead to reckless behaviors or harmful actions. Research…
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California Advances Bill for Legal Drug Injection Sites
California’s Existing Controlled Substances Law Currently, California law prohibits possessing or using certain controlled substances. In severe cases, violation of such a statute can be charged as a felony punishable by up to 3 years in state prison. Additionally, existing law prohibits being in any room where controlled substances are being unlawfully used or maintaining a place for the purpose of using specified controlled substances. Those who violate the law…
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Smoking Marijuana While Speeding Can Lead To A Murder Conviction If Someone Is Killed
In People v. Murphy, the California Court of Appeal considered whether there was sufficient evidence to find implied malice in a vehicular homicide case, where the defendant was smoking marijuana and then drove his car 88 mph in a residential area. The defendant, Murphy, was smoking marijuana in his vehicle when getting an oil change. On his way home, he ran through a red light at an intersection in a…
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Can I Still File A Motion To Set Aside My Conviction Based On Incompetence Of Counsel In California?
The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition “may not conduct an evidentiary hearing or consider evidence beyond the state court record based…
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California Law Struck Down In Order To Protect Second Amendment Rights
The California Court of Appeal discussed the issue of whether California’s ban on semiautomatic rifles for young adults violated the Second Amendment by burdening the right to home self-defense and did not reasonably fit the objective of reducing violence. In 2021, California prohibited the sale of semiautomatic rifles to young adults under the age of 21 who do not have hunting licenses, are not active military service members, and non-law…
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California’s Gun Control Bills Following Texas School Shooting
What Happened in Uvalde, Texas? On May 24, 2022, a deadly massacre took place in Uvalde, Texas. A gunman entered Robb Elementary School and killed 19 students and two teachers before he himself was killed by a law enforcement officer. This marked the deadliest school shooting in the United States in a decade. The gunman, 18-year-old man Salvador Ramos, shot his grandmother in the face and left her wounded prior…
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Ochoa v. Davis | A Witness’s Credibility
9th Circuit Court of Appeals recent holding that habeas corpus applicant was required to show prejudice for a Brady violation in order to sustain the application Ochoa was convicted in 1998 for a series of violent crimes against three female victims over a six-month period the previous year including murder, kidnapping, forcible rape, and assault with a deadly weapon. During the investigation, Ochoa voluntarily submitted to a polygraph and confessed…
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People v. Speck | Faulty Jury Instructions
The issue in People v. Speck, a decision published on February 2, 2022, by the California Court of Appeal, Third Appellate District, was whether the trial court judge made a prejudicial error when the judge failed to instruct the jury about the affirmative defense called mistake of fact. The Court of Appeal held that the trial court did make an error by not providing the mistake of fact jury instruction…
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