Criminal Defense
LAKERS FANS RIOT AFTER GAME 7 VICTORY
On June 17, 2010, the night of the Los Angeles Lakers Game 7 victory over the Boston Celtics, Los Angeles fans took to the streets. Rioters threw bottles and rocks at police, set bonfires, and overturned vehicles. The police declared an unlawful assembly around the Staples Center after fans poured out of the arena to celebrate the Lakers 2010 NBA championship. Los Angeles police arrested around 38 people, mostly for…
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OFFICER ACCUSED OF SHOOTING UNARMED MAN; EXPERT TESTIMONY FOCUSES ON POLICE FIREARM PROCEDURE
The current trial of a white transit officer accused of killing an unarmed black man recently focused on the officer's accidental discharge of a firearm instead of a Taser. Officer Johannes Mehserle, 28, shot Oscar Grant on January 1, 2009, in Oakland. Mehserle stated that he intended to subdue Grant with a Taser, but accidentally drew and fired his .40 caliber handgun instead. According to expert testimony, police officers are…
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PRESCRIPTION PAIN MEDICATION AND THE CONFLICT BETWEEN DOCTORS AND THE FEDERAL GOVERNMENT
Federal prosecutors charged Dr. Stephen Schneider and his wife Linda, a nurse, with illegally prescribing and distributing pain medication to drug abusers out of their Kansas clinic. The defendants argue that the prescriptions were for the legitimate treatment of medical symptoms. If convicted, the defendants face up to life in prison. Prosecutors allege that the Schneiders operated a "pill mill," regularly prescribing painkilling drugs more powerful than symptoms warrant and…
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What Kind of Agreement Or Partnership Amounts To Criminal Conspiracy In California?
Conspiracy is a complicated area of criminal law. In general terms, a "conspiracy" is an agreement or partnership in criminal purpose. Each member or the alleged conspiracy becomes the agent or partner of every other member. When evaluating the prospect of criminal allegations of conspiracy, consider whether some sort of agreement (formal or informal) was in place. Additionally, this "agreement" needs to be followed by the commission of any overt…
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What Must Prosecution Prove To Charge and Convict You Of Carjacking?
The crime of carjacking comes under the broad scope of California theft-related offenses. To be guilty of carjacking in California, the defendant must have taken a motor vehicle from the custody of another person by force, violence, or assault. For the prosecution to meet its burden for a carjacking conviction, it must be proven, beyond a reasonable doubt, that the taking was with the intent to temporarily or permanently deprive…
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Natalee Holloway Suspect Joran Van der Sloot Confesses to the Murder of Peruvian Woman
It was recently reported that Joran Van der Sloot, the Dutch citizen who was the prime suspect in the disappearance of American student Natalee Holloway in Aruba in 2005, confessed to the murder of 21-year-old Stephany Flores Ramirez in Lima, Peru. Ramirez was found murdered in Van der Sloot's hotel room. The two met hours earlier playing poker at a casino. Ramirez was an avid poker player and Van der…
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California Plans to Crack Down On Dog Fighting – California Penal Code 597.5
Dog fighting has been a popular subject ever since NFL quarterback Mike Vick was convicted. California has increased criminal penalties for being a spectator of an organized dog fight. Prior to this change, Penal Code section 597.5, subdivision (b), provided that any person who was knowingly present as a spectator at a place where preparation for a dog fight took place, was guilty of a misdemeanor. Now, the legislature has…
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Yes, You Do Have a Right to Defend Your Case – Due Process Rights
The United States Court of Appeals for the Ninth District recently held that the Sixth Amendment guarantees the right of a criminal defendant to due process, which includes the right to a meaningful opportunity to present a complete defense. In Lunbery v. Hornbeak, No. 08-17576, Kristi Lunbery was convicted of second-degree murder of her past husband, Charlie Bateson. Bateson was murdered in 1992, but the case was reopened in 2001.…
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Evidence Allowed for Contra Costa County man carrying a Concealed Firearm – California Penal Code Section 12025
The Daily Appellate Report recently reported that Michael Henry can be charged with carrying a concealed weapon. Henry was pulled over for running a red light, and subsequently fled the scene after being asked if he had anything illegal in his possession. Henry was pursued by several officers while one officer returned to the vehicle and called a tow truck. When the truck arrived, Henry's vehicle was opened and searched…
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United States Supreme Court: Suspects Must Now Affirmatively Invoke Miranda Rights
The United States Supreme Court has recently reviewed the laws pertaining to the Miranda Rights. The Supreme Court has loosened the restrictions of how the Miranda Rights are enforced. In Berghuis v. Thompkins, No. 08-1470, the Court held that once a suspect has been informed of his or her right to remain silent, he or she must affirmatively invoke those rights. A crime suspect's words can be used against him…
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