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 …
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 …
Whether you are charged with a serious crime or contesting a traffic ticket, there are rules you need to follow whenever you appear before a judge. Here are some rules you should keep in mind if you are going to court. Dress for Success The easiest way to show a judge that you respect the …
Tagged: Dos and Don’ts in Court
If the police fail to preserve evidence that may prove your innocence, you should not be prosecuted for a crime. Wallin & Klarich know the law and will be there when you call.
California’s death penalty has known to be a very drawn out process. A recent murder case, expected to be appealed, argued that California’s death penalty is unconstitutional. What do you think?
Do you believe that the government should be able to track your physical location based on your cell phone? The criminal defense attorneys at Wallin & Klarich share their opinion on the controversial subject.
A man’s guilty conviction was recently reversed after the appellate court found that DNA evidence left at a crime scene is not enough to connect an individual to the crime.
The attorneys at Wallin & Klarich discuss a recent appeal in which a Swiss Army knife was considered a dirk or dagger and the defendant was found guilty of violating penal code section 23130.
Many California drivers have attempted to appeal their red light ticket in court. Soon the courts will decide whether or not red light tickets will be admissible or not throughout the entire state.
If your attorney falls asleep during your trial, you may or may not be able to successfully appeal your conviction depending on whether your attorney slept through “substantial portions” of trial.