Criminal Appeals
9th District Federal Court of Appeals Reverses Murder Conviction After all State Courts Reject Appeal
Why You Need a Highly Skilled Criminal Appeals Law Firm to Help You In a case decided on July 7, 2009, the 9th District Federal Court of Appeals reversed the murder conviction of Mohammend Ali due to the courts finding that the prosecutor had committed prejudicial error when he excused the only two black prospective jurors from the jury pool. At the trial, the defendant's attorney had objected to the…
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Court of Appeals Holds that Defendant is not Entitled to County Paid Experts at Sentencing Hearing
In People vs. Stuckey, decided by the 3rd District Court of Appeals on July 9, 2009 the court held that a defendant who is facing sentencing does not have the right to court appointed experts. The court held that the right to court appointed experts exists only up to the time of jury trial. Once a defendant has been found guilty, then the court held there has no further right…
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San Diego DUI and Criminal Defense Attorneys
San Diego is the eighth largest city in population in the United States. Located along the Pacific Ocean in the Southwest portion of California, San Diego is 372.1 square miles in size. San Diego's economy is fueled by defense (home to the largest naval fleet in the world), manufacturing (home to companies such as Qualcomm Incorporated), and tourism (home to numerous points of interest that include the San Diego Zoo…
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Pot Dispensary Owner Sentenced to Prison in Los Angeles
Thoughts by a Wallin & Klarich Criminal Defense Attorney A Morro Bay pot dispensary owner was sentenced to one year and one day in prison by a federal judge in Los Angeles, according to a published report on . Charles Lynch, 47, was prosecuted for illegally distributing marijuana from his Central Coast Compassionate Caregivers facility, despite having the blessing of Morro Bay's mayor, city attorney and other civic leaders. His…
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Esparanza Arsonist Sentenced to Death
Commentary On the Conviction by a Wallin & Klarich Homicide Criminal Defense Attorney Raymond Lee Oyler was sentenced to death on June 6, 2009, according to a published report on the LA Times website. Oyler was convicted of setting the Esparanza blaze in 2006, which claimed the lives of 5 firefighters. Oyler was convicted March 6, 2009 of five counts of first-degree murder in California, 20 counts of arson, and…
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Los Angeles DUI and Criminal Defense Attorney
As the largest city in the state of California and the second largest in the United States, Los Angeles is home to almost 3.8 million residents. Los Angeles is a hub of tourism and commerce within its 498.3 square miles and visitors from across the world who choose to become "Angelinos" contribute to its diversity every day. With such a vast amount of drivers commuting throughout the major city of…
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Man Arrested Trying to Smuggle Marijuana Ashore on Surfboard
He Will Need an Experienced California Criminal Defense Attorney A Mexican national was arrested about 200 yards off of Imperial Beach by U.S. Border patrol officials, according to an article by Tony Perry on the June 9th, 2009 Los Angeles Times website. The man was allegedly trying to smuggle marijuana into the United States via his surfboard, which he was seen on paddling off the shores of Imperial Beach. When…
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Judge Dismisses Racketeering Convictions
Wallin & Klarich Criminal Defense Attorneys Compliment the Successful Use of a Government Misconduct Motion A recent article in the Los Angeles Times describes the story of George Torres, a 52 year old supermarket mogul, who was recently convicted in a massive racketeering case and was awaiting sentencing in federal prison. That sentence had the potential to be a life sentence, but thanks to the discovery of new evidence, and…
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California Domestic Violence: What You Need to Know Part 2
Why You Need a Skilled Criminal Defense Attorney In a previous article, California Penal Code § 243(e)(1), or "simple domestic battery," was discussed as one of the ways in which a person can be prosecuted for domestic violence in California. There are three ways someone can be prosecuted for domestic violence under California's domestic violence laws and this article explains the remaining factors. California Penal Code § 273.5, or "willful…
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California Domestic Violence: What You Need to Know Part I
Why You Need an Experienced Criminal Defense Attorney There are three ways someone can be prosecuted for domestic violence under California's domestic violence laws. First, there is Penal Code § 243(e)(1), which is simple domestic battery. Second, there is Penal Code § 273.5, which is defined as willful infliction of corporal injury. Finally, there is Penal Code § 243(d), which is aggravated battery. In addition, if the type of violence…
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