Criminal Defense
Federal Judge in the Broadcom Case Cites Prosecutorial Misconduct as One of the Grounds for Dismissing Criminal Charges
Many in the legal community was stunned on Tuesday, December 15, 2009, when a U.S. District Judge Cormac J. Carney acquitted former Broadcom chief financial officer William J. Ruehle, and dismissed charges of fraud and backdating stock options against former Broadcom CEO Henry T. Nicholas. In citing grounds for dismissal, the judge listed prosecutorial misconduct and lack of evidence as two primary reasons for his decision. This case is noteworthy…
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Grand Opening of New Riverside District Attorney Building Highlights the DA’s Political Power
In December of 2009, the Riverside County District Attorney's office will be celebrating as it opens the most expensive building ever constructed in the Inland Empire. The approximate $128 million price-tag demonstrates that the DA in Riverside County has tremendous political power. At a time when courts are closing for furlough days, the third Wednesday of every month, in an effort to save precious dollars, the beautiful new building featuring…
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San Diego Assault and Battery Criminal Defense Lawyers
The city of San Diego is situated along the Pacific Ocean in the Southwest part of California. Known for its record size naval fleet, the 372.1 square mile city attracts tourist and business class alike, nationally ranking San Diego as the eighth biggest city in population. Recreational parks Sea World and the San Diego Zoo help support economic growth alongside manufacturing company Qualcomm Incorporated. With so many residents and potential…
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Broadcom Case Dismissed: William J. Ruehle and Henry T. Nicholas Exonerated
Some members of the local legal community were surprised on Tuesday, December 15, 2009, when a U.S. District Judge Cormac J. Carney acquitted former Broadcom chief financial officer William J. Ruehle, and dismissed charges of fraud and backdating stock options against former Broadcom CEO Henry T. Nicholas. However, the judge did more than just dismiss the case with prejudice on the ground of prosecutorial misconduct, which is likely to preclude…
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Discretionary Procedural Rulings In Appellate Matters Are Not Automatically Inadequate For the Purposes of the Adequate State Ground Doctrine
In answering the question of whether discretionary procedural rulings are "automatically inadequate" to bar federal habeas corpus review, the United States Supreme Court has ruled that a state procedural rule is not automatically "inadequate" under the adequate state ground doctrine because the state rule is discretionary rather than mandatory. ﴾Beard v. Kindler ﴾Dec. 8, 2009﴿ 08-992, 2009 U.S. LEXIS 8944﴿. Under the adequate state ground doctrine, a federal habeas court…
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Los Angeles Assault and Battery Criminal Defense Attorney
Los Angeles is the largest city in California and the second largest in the U.S. Over 3.8 million residents call Los Angeles home within its stretch of 498.3 square miles. As a major section of one of the most populated and most diverse counties (Los Angeles County) in the United States, the city of Los Angeles was named the world's eighth most economically powerful city by in 2008. In such…
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I am Accused of Child Endangerment – What Should I Do? – California Penal Code Section 273a
California Penal Code Section 273a defines child endangerment as any person causing great bodily harm or death to a child. This crime includes inflicting physical abuse upon a child, but also punishes any person who allows for a child to physically or mentally suffer. In other words, a person may be convicted of child endangerment if they cause any physical or mental harm to a child. The definition of child…
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Simi Valley DMV Hearings and DUI Defense Attorneys
Simi Valley, proud home of the Ronald Reagan Presidential Library, is a commuter town in Southern California that faces the larger city of Ventura. The scenic Simi Valley draws a dense population of families to enjoy the likes of its Santa Susana Mountain range and Simi Hills. The estimated population of 118,687 inhabitants of Simi Valley can freely access the Ronald Reagan Freeway, a near route to Downtown Los Angeles.…
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The Federal Government Has Charged Four Police Officers with Covering up Racially Motivated Deadly Beating of a Mexican Immigrant
The federal government has accused four police officers in orchestrating a cover-up in a deadly beating of a Mexican immigrant by two popular high school football players. The two youths had been charged with a hate crime because during the beating they made racially motivated comments. The U.S. Attorney's Office has charged the four police officers, including a police chief, with witness and evidence tempering, conspiring to obstruct justice, and…
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Police Can Legally Stop a Vehicle in California Even If a Temporary Operating Permit Attached To a Rear Window
The California appellate court has held that even though a vehicle does in fact have a temporary operating permit displayed somewhere on the vehicle, if the police officer does not see the temporary operating permit, and the vehicle does not have license plates, then the stop of the vehicle is legal. People v. Dotson ﴾3rd Dist., Nov. 30, 2009﴿ 2009 Cal. App. LEXIS 1904﴿. In Dotson, the defendant, a convicted…
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