Criminal Appeals
Child Abuse Central Index – Self Inquiry
The Office of the Attorney General has a page on its website that allows those individuals who may be listed on the Child Abuse Central Index (CACI) to check their 'list status.' The page was added to the site to adhere to California Penal Code section 11170, which in pertinent part, explains that: (f) (1) Any person may determine if he or she is listed in the Child Abuse Central…
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19 Years to Life for “Wall of Sound” Producer: He Will Need an Experienced Criminal Defense and Appellate Attorney
The website reported in a story on May 29, 2009 that Phil Spector, 69, has been sentenced to 19 years to life for the murder of actress Lana Clarkson, 40, nearly six years after he shot her. Clarkson was found shot through the mouth in the famous music producer's mansion in Alhambra. Spector displayed no emotion as Superior Court Judge Larry Paul Fidler laid out his sentence of 15 years…
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Sex Crime Conviction Reversed in Federal Court of Appeals
Federal Court of Appeals Reverses Child Molest Conviction when Criminal Defense Attorney Precluded from Asking Alleged Victim about Prior Statements about Sexual Matters On June 16, 2009 the 9th Circuit Federal Court of Appeals issued a critical ruling that anyone who is facing child molestation charges must be familiar with whether they are able to properly defend themselves from these serious charges. The court in Holley vs. Yarborough ruled that…
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Appealing a Felony Conviction in California
Felony Conviction Reversed when Prosecutors Fail to Turn Over Evidence to Defense: Why You Need an Experienced Criminal Appeals Lawyer to Win Your Case The Federal Court of Appeals has reversed the conviction of a defendant who had been found guilty of being a felon in possession of a firearm due to prosecutorial misconduct. The defendant had been sentenced to prison and now will be given a new trial where…
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New California Court Of Appeal Decision Highlights the Need to Hire an Aggressive Criminal Defense Attorney
The California Court of Appeal recently held that incriminating statements made by a defendant, after taking a fake polygraph test, and seeing fake test results, may properly be admitted into evidence. In the present case, a defendant was questioned by police about his involvement in a shooting violent crime which lead to the death of the victim. During questioning, the defendant repeatedly stated his innocence and at numerous times asked…
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Reducing Your Felony Conviction to a Misdemeanor
An Experienced Criminal Defense Attorney May Be Able to Obtain a Reduction of Your Felony Conviction to a Misdemeanor A court may hear a petition to reduce certain felony offenses in California to a misdemeanor at any time following the suspension of judgment and granting of probation. In J.M. Meyer v. Superior Court (1966) 247 Cal. App.2d 133, 140, the court noted: "the word 'thereafter' in Penal Code Section 17…
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California’s Secondary Evidence Rule (Part 2)
Continued here is a discussion of People v. Coon in which the admissibility of writing in court, such as faxed documents, calls for analysis under the Best Evidence Rule, referred to as the Secondary Evidence Rule in California. James Dale Coon challenged his charges in a California appeal based on the argument that the trial court prejudicially erred in admitting faxed copies of certified court records to determine he was…
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Challenging the Justification for a Protective Order On the Basis of Insufficient Evidence
The issue in People v. Ponce circulated around jurisdictional validity of the trial court's decision to issue a three-year protective order during sentencing. At defendant Ponce's sentencing hearing, the prosecutor requested the court to issue a protective order for Lucero. He did not make an offer of proof or explain the reason for this request. The court granted this request and signed a criminal protective order using Judicial Council form…
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911 Calls and Anonymous Tips are Enough for an Officer to Detain you and Conduct a Cursory Search for Weapons
Recently a California Court of Appeals decision affirmed that an officer is not violating your constitutional rights if he stops you and searches you for weapons based on an anonymous tip, so long as that tip provides the officers with detailed information. In this instant case, the information provided was items of clothing, location, and direction headed. Furthermore, the area was known for gang activity, and officers were aware that…
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Orange County Federal Witness Tampering Charges Against Sheriff: Working to Appeal on Ethical Violations
A United States District Court sentenced former Orange County Sheriff Michael Carona to five and half years behind bars on charges of federal witness tampering. United States District Court Judge Andrew J. Guilford made it clear on Monday that he considered Carona's conviction on a single charge very serious. Saying in court records "lying will not be tolerated in this courtroom…especially by this county's leading law enforcement officer." Judge Guilford…
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