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Supporters of Prop 8 Continue Their Fight to Outlaw Gay Marriage in California
When will they realize that gays have the same legal rights as straight people in this country? On Tuesday, July 31, 2012 the supporters of the ban on gay marriage in California gathered and filed a petition to the Supreme Court requesting that the Court upholds the ban on same sex marriage. Additionally, in their petition, they put in question "whether the 14th amendment's Equal Protection Clause prohibits California from…
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The Difference Between Legal Separation and Divorce [California Family Code Section 2300 et. Seq.]
In some cases, a husband and wife want to be legally separated instead of divorced. Generally, the spouses are not looking to be divorced for religious or other personal reasons. In such cases, you need a qualified Orange County family lawyer who knows how a legal separation differs from a divorce. Legal separation proceedings can be brought on the same grounds as divorce actions. However, unlike in a divorce, a…
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How Murder (PC 187) Is Distinguished from Manslaughter (PC 192)
An Alhambra man was convicted in early June of voluntary manslaughter (CA PC 192) for a brutal slaying in 2007. The circumstances of the case – he was found by the courts to have killed his girlfriend and stuffed her body in a plastic bag – beg the question why he didn't receive a more stringent conviction. In this case the coroner was unable to definitively name the cause of…
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Respected Judge Removed From Bench For Helping Family With Minor Traffic Tickets. Justice or Not?
The Committee on Judicial Performance has removed Judge Richard Stanford from serving as a judge. This is sad. Judge Stanford has been a brilliant judge for over 20 years and I have personally known him to be fair and to treat all those that come before him with the utmost respect. He was a former prosecutor before becoming a judge, but as a judge he has shown the ability to…
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When Can a Police Officer “Stop and Frisk” Me? When is it Unconstitutional
An officer who encounters a person under circumstances which reasonably indicate that such a person has committed or was about to commit a crime may temporarily stop that person. The surrounding facts and circumstances dictate (1) the reasonableness of such a police stop and (2) whether the stop rose to the level of a "detention." Being stopped briefly and subsequently held and detained triggers numerous constitutional protections and exceptions. Depending…
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Teen Hate Crime Suspect Sentenced to 21 Years
In a highly publicized murder prosecution, 17 year old defendant Brandon McInerney accepted a sentence of 21 years in state prison and plead guilty to second degree murder in what has been described as a "gay hate crime" by many. The victim was 15 year old Larry King. At his first trial the jury could not reach a verdict with some jurors stating that they didn't feel that the accused…
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You Don’t Have to Be Present During the Attack to be Charged with Murder
A Los Angeles man is on trial in Orange County presently for that exact scenario. Vitaliy Krasnoperov is being accused of being an "aider and abettor" to one of the most gruesome murders in Orange County history. He and two others are charged with murder plus special circumstances for their roles in the May 21, 2007, slayings of Jayprakash Dhanak, 56, and Karishma Dhanak, 20. The victims were abducted from…
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When Does an Attorney/Client Relationship Begin?
An attorney-client relationship starts when the client actually retains an attorney to represent the client in a legal matter. Whether it's a family law, civil, or criminal matter, the relationship starts once a client retains an attorney for the service of representing the client in a legal matter or legal case. Once this happens, the attorney has the obligation of not revealing information that is protected from disclosure legally without…
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Failure to Present Evidence of Clients Mental Capacity Establishes Ineffective Assistance of Counsel
It was recently reported that the Ninth Circuit Court of Appeals held that an attorney is liable for defective performance when the attorney fails to put forward evidence related to a defendant's mental capacity and history of substance abuse. Steven James was charged with first degree murder. Steven James suffered from childhood emotional and psychological trauma. The Court held that the attorney failed to provide effective assistance of counsel and…
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New Law In Effect That Dramatically Changes Sentencing On Most Crimes in California
Effective October 1, 2011 thousands of those accused of felony matters who in the past were sent to prison will now be doing their time in local county jails. In addition, those persons convicted of less serious felony matters, in many cases will find that when they complete their sentence they will not be placed on probation or parole. For most felony matters where the punishment is 16 months,…
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