Criminal Appeals
California Appeal Results in Vacated Forgery Convictions
New California Appeals Court Ruling Underscores The Need For An Experienced Criminal Defense Attorney in Forgery Cases A recent California Court of Appeals decision held that multiple forged signatures on a single document constitute only one count of forgery in California. In the matter of People v. Kenefick 2009 DJDAR 731, the Defendant was sentenced at trial to over 16 years in prison after she allegedly stole $890,000 from six…
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California Appeals Attorneys Gets Three Strikes Felony Sentence Reversed
Federal Court of Appeal reverses 28 years to life sentence based upon three strikes felony law, proving you should never stop fighting your conviction of sentence by hiring an experienced California criminal appeals attorney The 9th Circuit Court of Appeals has reversed a 28 year to life sentence that was handed down to a California man who failed to register as a sex offender. The Court of Appeal in Gonzales…
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California Probation Laws Checked by San Bernardino County Appeals Court
Court holds probation department must explain why it wishes to require probationer to wear GPS monitoring device Over the last several years the legislature has expanded the rights of the probation departments in California to impose new terms of probation as well as to set the level and type of supervision that each probationer will require. In the recent pending appeals case in San Bernardino County the court of appeal…
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California Appeals and Supreme Court Affirm DUI Charges Followed a Lawful Stop
People v. Raymond C. (2008 DJDAR 18112) Traffic stop is reasonable where juvenile failed to place temporary operating permit in preferred rear location of vehicle In this companion case to People v. Hernandez (Dec 12, 2008, S150038), the Court concluded that the officer acted with sufficient particularized suspicion to justify the traffic stop. In this case, the officer saw the defendant driving a vehicle without a license plate or a…
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California Appeals Court Reverses Drug Conviction on Unreasonable Stop
People v. Hernandez (2008 DJDAR 18109) Officer may not stop vehicle displaying temporary operating permit in lieu of license plates on hunch that permit is forged The California Supreme Court recently held that an officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid. To…
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Sexual Assault Conviction Overturned on Fair Trial Violation
Nebraska Supreme Court Overrules Sexual Assault Conviction The Nebraska Supreme Court overturned a 2006 sexual assault conviction on Friday October 24, 2008 after hearing defendant Steven Parker's case. Parker, of Colorado Springs, Colorado, was convicted of first degree sexual assault in 2006 and sentenced to 10 to 16 years in prison. During his 2006 trial, the trial judge ordered that a screen be put between Parker and the accuser, an…
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California Appeals Court Reverses Guilty Verdict due to Juror Coercion
You may be able to get conviction reversed if the judge pressures juror to change their vote A recently decided case highlights a problem that faces accused criminals in the court system: judges pressuring jurors to change their vote from not guilty to guilty. Amongst professional California criminal defense lawyers, this form of judicial coercion is regarded as an Allen charge. An Allen charge will enable a convicted criminal to…
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Newport Beach Murder Suspect Sentenced to Death
29-year-old man sentenced to death for murder of Newport Beach couple A Santa Ana jury Thursday ordered the death penalty for Skylar Deleon who was convicted on October 21, 2008 for the 2004 murder of Tom and Jackie Hawks. The Newport Beach murder took place on their yacht where the couple was allegedly was lashed to the anchor of the yacht and thrown overboard. Deleon was also found guilty of…
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California Appeals Court to Hear Hollywood Movie Director’s Guilty Plea Withdrawal
Director of "Die Hard" movie appeals decision with argument to withdraw previous guilty plea U.S. District Judge Dale S. Fischer may have to reconsider Hollywood movie director John McTiernan's argument to withdraw his guilty plea of lying to the FBI over his links to disgraced private eye Anthony Pellicano. Fischer sentenced McTiernan to pay a $100,000 fine and serve four months in prison back in September 2007. Fischer may have…
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Felony Possession of a Dirk or Dagger in California Conviction Overturned on Appeal
2006 switchblade felony conviction on appeal closes in favor of appellant, original charges reinstated A December felony complaint against Gary Plumlee was recently reinstated the Superior Court of Tulare County. Plumlee was originally charged on December 4, 2006 with "carrying a dirk or dagger concealed upon the person" (pc 12020), a felony offense in California, and "using or being under the influence of methamphetamine." Plumlee was picked up by a…
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