California Advances Bill for Legal Drug Injection Sites

By: Wallin & Klarich

California’s Existing Controlled Substances Law  Currently, California law prohibits possessing or using certain controlled substances. In severe cases, violation of such a statute can be charged as a felony punishable by up to 3 years in state prison. Additionally, existing law prohibits being in any room where controlled substances are being unlawfully used or maintaining …

Posted In: Drug Offenses

Smoking Marijuana While Speeding Can Lead To A Murder Conviction If Someone Is Killed

By: Wallin & Klarich

In People v. Murphy, the California Court of Appeal considered whether there was sufficient evidence to find implied malice in a vehicular homicide case, where the defendant was smoking marijuana and then drove his car 88 mph in a residential area.  The defendant, Murphy, was smoking marijuana in his vehicle when getting an oil change. …

Posted In: Murder

Can I Still File A Motion To Set Aside My Conviction Based On Incompetence Of Counsel In California?

By: Wallin & Klarich

The short answer to this question is Yes, for state court cases. A recent ruling by the Supreme Court has cut back a defendant’s ability to challenge their convictions in federal court by taking away the argument that their lawyers were incompetent in the state court proceedings. A federal court considering a habeas corpus petition …

Posted In: Crime Conviction

California Law Struck Down In Order To Protect Second Amendment Rights

By: Wallin & Klarich

The California Court of Appeal discussed the issue of whether California’s ban on semiautomatic rifles for young adults violated the Second Amendment by burdening the right to home self-defense and did not reasonably fit the objective of reducing violence.  In 2021, California prohibited the sale of semiautomatic rifles to young adults under the age of …

Posted In: Gun Sales

California’s Gun Control Bills Following Texas School Shooting

By: Wallin & Klarich

What Happened in Uvalde, Texas?   On May 24, 2022, a deadly massacre took place in Uvalde, Texas. A gunman entered Robb Elementary School and killed 19 students and two teachers before he himself was killed by a law enforcement officer. This marked the deadliest school shooting in the United States in a decade.  The gunman, …

Posted In: Fire Arms & Weapons

Ochoa v. Davis | A Witness’s Credibility

By: Wallin & Klarich

9th Circuit Court of Appeals recent holding that habeas corpus applicant was required to show prejudice for a Brady violation in order to sustain the application Ochoa was convicted in 1998 for a series of violent crimes against three female victims over a six-month period the previous year including murder, kidnapping, forcible rape, and assault …

Posted In: Appeals

With New Exceptions, Employers Can Mandate That Employees Get Vaccinated

By: Wallin & Klarich

With New Exceptions, Employers Can Mandate That Employees Get Vaccinated With an increased presence of the delta variant of covid-19 sweeping across the nation, institutions are being forced to make tough decisions when it comes to the vaccine. Many colleges, like California state schools, are requiring vaccines to attend on-campus classes and live in on-campus housing. …

Posted In: Criminal Defense
Tagged: covid 19 vaccine

Supreme Court Conservative Majority Makes a U-Turn On Life Sentences Without Parole For Juveniles  

By: Wallin & Klarich

Supreme Court Conservative Majority Makes a U-Turn On Life Sentences Without Parole For Juveniles   Due to the recent Supreme Court appointments made by former President Trump, the Supreme Court has now become predominantly conservative. Rulings are now being made by six conservative Justices and three liberal Justices, which means Supreme Court decisions are being weighed …

Posted In: Criminal Defense
Tagged: 8th amendment Jones v. Mississippi Miller v. Alabama Senate Bill 394

About Wallin & Klarich

About Wallin

Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.