Criminal Appeals
California Court of Appeal Clarifies “Force” Requirement of False Imprisonment – PC Section 236-237
In the recent case of People v. Santos Dominguez (2010) 2010 WL 60237 (hereafter Dominguez), the California Court of Appeal held that the amount of force required for false imprisonment of an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. The court also clarified what constitutes "violence, menace,…
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A Person Can be Convicted of Burglary of the Apartment Which He Leases: California Penal Code Section 459
Recently, a California appellate court has concluded that even if you have a signed lease to enter your apartment, that may not constitute a complete defense to burglary when there is sufficient evidence to conclude that the defendant did not have "an unconditional possessory interest" in the apartment rented with another person at the time of commission of burglary.(People v. Ulloa (Cal. App. 4 Dist., Dec. 21, 2009, No. E045880)…
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The Proper Use of Police Officers’ Emergency Lights When Pursuing Traffic Offenders in California – California Vehicle Code 2800.1
In California, "an officer must activate a red light when in pursuit of a traffic offender who attempts to flee." (People v. Copass (Dec. 14, 2009, No. B211281) 2009 WL 4757252 (hereafter Copass).) But what if a police officer loses a traffic offender during a pursuit and deactivates the light, only to moments later spot the traffic offender and reactive the light to resume the pursuit? The California Court of…
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Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct
In a recent California Court of Appeals case (People v. Tuggles) the court ruled that the trial judge has the power to subpoena any juror that he or she feels may have been involved in misconduct during the trial. The judge can do so at the request of the defense or of the prosecution. California Code of Civil Procedure sections 206 and 237 allow jurors to prevent the release of…
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Evading a Police Officer in California, Vehicle Code Section 2800.2: How Knowing the Law Could Spare You Jail Time
In California, a police officer does not have to be behind you with his or her lights on in order to pull you over. A recent California Court of Appeals case (People v. Pakes) held that the police only need to make a reasonable effort to overtake your vehicle in order to technically be in pursuit. Evading a police officer is a violation of the California Vehicle Code Section 2800.2.…
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Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5
A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring. Investigators had built substantial evidence against Hirata and a number of other co-conspirators. Armed with this information,…
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District Attorney’s Letter Does Not Substitute for a Court Order (Penal Code Section 1305 and the Law of Bail Forfeitures)
A recent California Appeals Court decision (People v. American Surety Insurance Co.) held that bail was not forfeited when a defendant failed to appear at an arraignment. California Penal Code Section 1305 provides that a trial court shall not have jurisdiction to declare a bail forfeiture if no complaint is filed within 15 days from the arraignment. In this case, the defendant appeared at his initial arraignment, but the case…
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Valencia DMV Hearings and DUI Defense Lawyer
Valencia is a planned community in California that forms Santa Clarita along with three other major communities. Aside from being used for the location of many TV series, Valencia is well known for being a safe neighborhood and having a convenient network of walkways (paseos) that connect the community without crossing streets at grade. Valencia is home to approximately 32,642 residents and attracts several visitors throughout the year. As a…
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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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Conviction Based on Out of Court Statements Reversed
Many times, out of court statements are the only evidence available to the prosecution at trial. This usually happens because the victim is unwilling or unavailable to testify at trial. For example, a prosecutor would want a cop to be able to testify that a victim told that officer that the defendant hit him or her if the alleged victim is now unwilling to testify. The rules of evidence require…
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