Assault & Battery
Domestic Violence – Exigent Circumstances May Justify An Officer’s Warrantless Entry Into Your Residence (Part 2)
In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry. A common issue in domestic violence cases is whether the officer responding to the scene should have secured…
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Domestic Violence – Officer’s Presence At One’s Residence (Part 1)
Several cases have involved situations wherein officers go to a residence in response to a report of domestic violence being committed. Generally, if an obviously battered victim is present and the batterer is still within the residence, the officer may enter the residence to arrest the batterer. This was expressed in the case of People v. Frye (1998) 18 Cal.4th 894. The issue is whether, in light of the facts…
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Death Penalty Conviction Overturned Due to an Attorney’s Ineffective Assistance of Counsel
The Ninth Circuit Court of Appeals recently overturned a defendant's death penalty finding that his lawyer did not provide effective assistance of counsel. In 1982, in an Arizona state court, Laurence Libberton was convicted of the murder of Juan Maya. The key witness at the trial, Martin Norton, a juvenile also charged in connection with the crime, testified that the Libberton shot Maya. During the penalty phase of the trial,…
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Appealing a Confession: What Counts as Voluntary?
A recent California Supreme Court opinion held half of a defendant's statement to be inadmissible because it was coerced by the police. However, the first part of the statement was still enough for the jury to convict the defendant of a double murder. The California Supreme Court was not happy with the police tactics used to illicit the confession and wrote extensively about the improper procedure. The court ruled, in…
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Court Rules that Defendant Was Not Denied Right to Cross Examine a Witness that Was Deaf, Could Not Speak, and Never Learned Sign Language
The United States Constitution gives defendants the right to cross-examine witnesses against them in criminal proceedings. A defendant in California appealed his conviction of murder on the grounds that he was unable effectively to cross-examine the prosecution's key witness. The mother of the victim in this case was the prosecution's key witness. The victim's mother, is deaf, cannot speak, and has never learned a standard sign language. Rather, she communicates…
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Grocery Store Owner in Los Angles County to Get a New Trial in Light of New Evidence
The founder of Numero Uno markets, a chain of grocery stores throughout Southern California, was granted a new trial last week. This came after a Federal Judge in Los Angels threw out guilty verdicts that had previously been imposed against him. In throwing out 50 guilty verdicts against the grocery store founder, the Judge ruled that new evidence came to light that may have exonerated him. Prosecutors allege that the…
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Shooting at Oxnard Juvenile Court was a False Alarm
Oxnard Juvenile Court building was shut down one morning in late October, after a reported shooting in the lobby. The entire facility was locked down and court proceedings were delayed while police searched for the gun man. According to police, the suspect was a man wearing a Chargers football jersey and slicked back hair. After closing the building for most of the morning and into the afternoon, the detectives determined…
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A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life
In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving privileges by the Department of Motor Vehicles. Under California law, the Department of Motor Vehicles…
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Mental Disease or Defect in a Homicide Case
When a person causes an unlawful killing of another human being with "malice aforethought", this is considered murder. "Malice aforethought" is when the defendant had the intent to kill, the intent to cause serious bodily harm, consciously disregarded human life or committed a felony and a person was killed as a direct result of that felony. Thus, malice is implied when the defendant is subjectively aware that his or her…
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Driver Can Be Prosecuted and Convicted of Second-Degree Murder
In the case of People v. Watson (1981) 30 Cal.3d 290, the California Supreme Court ruled that if a person drives a car in a manner demonstrating a conscious disregard for human life, this will constitute "implied malice," and the driver can be prosecuted and convicted of second-degree murder. This means that if a person is killed as a result of extremely reckless driving, it may be considered an unlawful…
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