Criminal Appeals
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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I am Accused of Criminal Assault – What should I Do? – California Penal Code 240
California Penal Code Section 240 defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. In other words, it is some type of action that attempts to physically injure someone. You will often hear the defendant was charged with "assault & battery." This means that the defendant is charged with two crimes. Assault is different from battery. Assault…
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The California Supreme Court Affirmed a Death Sentence for the 1995 Murder of a Deputy Sheriff in Lassen County: Criminal Defense Issues Discussed on Appeal, Part II
As discussed yesterday, the California Supreme Court unanimously affirmed the verdict of death after the jury in the Sacramento County convicted the defendant of the first degree murder of a deputy sheriff and of the attempted wilful, deliberate, and premeditated murder of three other peace officers stemmed from an incident of domestic violence on March 2, 1995, in Ravendale. (People v. Ervine (2009) 47 Cal.4th 745.) Another issue addressed by…
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The California Supreme Court Affirmed a Death Sentence for the 1995 Murder of a Deputy Sheriff in Lassen County: Jailers Unlawfully Seize Defendant’s Notes of Conversations with His Attorney, Part I
In one of its last decisions of 2009, the California Supreme Court on automatic appeal has unanimously affirmed the verdict of death after the jury in the Sacramento County convicted the defendant of the first degree murder of a deputy sheriff and of the attempted wilful, deliberate, and premeditated murder of three other peace officers stemmed from an incident of domestic violence on March 2, 1995, in Ravendale. (People v.…
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How Hiring An Experienced San Diego Criminal Defense Attorney Can Help You If You Are Arrested for a Hit and Run – CVC 20001 – CVC 20002
It was recently reported that a 62-year old woman died as a result of her injuries in a hit and run accident in Los Angeles. The woman, whose name has not yet been released, was hit while she was crossing a street near Normandie Avenue and West Adams Boulevard. The man believed to have hit the woman was driving a black Toyota Camry. Police are trying to locate the driver,…
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The Los Angeles Police Department Maintains that Synagogue Shooting Not a Hate Crime
Recently it was reported that two men were shot in a North Hollywood synagogue parking lot by an unknown assailant. Immediately after the shooting, there was great concern that these shootings were the result of a "hate crime" or possibly an act of terrorism. The Los Angeles Police Department's counter Terrorism and Criminal Intelligence Bureau has stated, however, that there is no reason to believe that the shootings were in…
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Charlie Sheen is Accused of Assault: What this Means and How an Experienced Criminal Defense Attorney Can Help Him Avoid Jail
On December 29, 2009, CNN reported that Charlie Sheen's Wife, Brooke Mueller, has accused Mr. Sheen of threatening to have her killed. CNN reports that Mueller alleges Sheen said, "I have ex-police I can hire who know how to get the job done, and they won't leave any trace," as he held her down with a knife. Sheen was arrested on Christmas Day and is being charged with assault, menacing…
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Gang Crackdown in LA
As a result of Operation Community Shield, law enforcement has arrested 1,785 gang members and associates around the country between March and September of this year. Of those arrested, approximately 300 were from the Los Angeles area. Gangs that were targeted in Los Angeles County during the sweep included the Avenues, 18th Street, Barrio Evil 13 and Mara Salvatrucha gangs. Charges against these alleged members ranged from drug dealing, drug…
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What You Need to Know if You Are Facing a Domestic Violence Charge
The language in recent case decisions indicates that courts recognize the danger inherent in domestic violence situations. The volatility of situations involving domestic violence make them particularly well suited for an application of the emergency circumstances doctrine, where law enforcement can enter your home without a warrant given that an emergency is taking place. When officers respond to a 911 domestic abuse call, a judgment call may be required when…
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LAPD and Federal Agents Arrest 78 People in Major Gang Crack-Down
Last month, several LAPD officers teamed up with other Federal agents in a highly coordinated team-effort and arrested 78 suspected members of the notorious "Avenues" street gang. The gang, based out of the north-eastern part of Los Angeles, has been tied to extensive drug trafficking as well as several murders over the past year, including the assassination of a Los Angeles County Sheriff's deputy. Nearly 1,200 officers and agents teamed-up…
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