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Gang Enhancement: California Court Reverses Denial of Motion for New Trial
by Derek Gilna
The Court of Appeal of California, Second Appellate District, Division One, reversed a trial court’s denial of a defendant’s motion for a new trial on the issue of whether or not a gang enhancement was supported by the evidence.
Defendant Bobby Watts was convicted of murder, and ...
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More from this issue:
- Indigent Defense in America: An Affront to Justice, by Christopher Zoukis
- News in Brief
- Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
- West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional, by Dale Chappell
- Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect, by Dale Chappell
- California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction, by Dale Chappell
- Don't Take a Genetic Test Without Reading This First
- “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut, by Christopher Zoukis
- Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems, by Dale Chappell
- Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate, by Dale Chappell
- Philly Decriminalizes Possession of Small Amounts of Marijuana, by Christopher Zoukis
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, by Derek Gilna
- New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay, by Richard Resch
- Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute, by Dale Chappell
- Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine, by Richard Resch
- Gang Enhancement: California Court Reverses Denial of Motion for New Trial, by Derek Gilna
- $900,000 to Octogenarian Tased by Police
- Fired New Orleans Cops Just Move to Other Departments, by Dale Chappell
- U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality, by Richard Resch
- Washington Supremes: Former Prisoner Can Take Bar, by Derek Gilna
- Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional, by Richard Resch
- Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge, by Suzanne Bring
- Cops Killed 100 Times More Americans Than Terrorists Did in 2017, by Christopher Zoukis
- $275,000 to Man Arrested for Recording Police
- 7 Years Pre-Trial Incarceration: Vacated Convictions
- Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure, by Dale Chappell
- California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike, by Edward Lyon
- Not Disclosed: NSA-Obtained Evidence, by Derek Gilna
- Video: A Two-Edged Sword, by Michael Avery
- $4.8 Million Settles Kansas City Police Shooting, by Matthew Clarke
- Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine, by Richard Resch
- Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions, by Christopher Zoukis
- Kansas Supremes: No Lifetime Post-Release Supervision, by Derek Gilna
- Mass. Disciplines Prosecutors: No More Business as Usual, by Derek Gilna
- Miranda Violation: 9th Circuit Reverses Murder Conviction, by Christopher Zoukis
- Law Enforcement Scrambles to Hide Stingray Use, by Derek Gilna
- Officer-Involved Shooting Data? Hard to Find!, by Christopher Zoukis
- Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction, by Norma Gonzalez
- Georgia Attempts to Limit Access to Official State Law, by Derek Gilna
- Sheriff Wanted Medical Examiner to Alter Reports, by Dale Chappell
- Witness Misidentification: Ohio Man’s 14 Convictions Vacated, by Mark Wilson
- Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers, by Dale Chappell
- Data: High Rate of Sexual Abuse by Cops, by Christopher Zoukis
- $ Millions to Settle Philly Police Misconduct Cases, by Derek Gilna
- Fight Mass Incarceration? There’s an App for That, by Derek Gilna
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Porn Produced by Georgia Prisoners, April 1, 2025. Guard Misconduct, Prison Gangs, Prison Rape Elimination Act, Internet, Pornography/Pornography Laws, Searches - Cellphones/Computers/Internet, Criminal Sexual Abuse.
- 20 South Carolina Prisoners Sentenced So Far for Deadly 2018 Riot, Feb. 15, 2025. Retaliation, Prison Rebellion, Prison Gangs, Staffing, Cell Phone Access.
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell, Feb. 15, 2025. Organizing, Prison Gangs, Drug Laws/Offenses.
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025. Guard Misconduct, Prison Gangs, Failure to Protect (General), Guard Brutality/Beatings, Settlements.
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.
- $1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder, Sept. 15, 2024. Prison Gangs, Settlements, Failure to Protect (Wrongful Death).
- Aryan Warriors Leader Among Three Killed in Nevada Prison Riot, Sept. 15, 2024. Prison Rebellion, Prison Gangs.
- $125,000 Settlement for Wisconsin Prisoner’s Claim That Guards Set Him Up For Stabbing, May 1, 2024. Guard Misconduct, Racial Discrimination, Retaliation for Media Contact, Retaliatory Segregation, Prison Gangs, Failure to Protect (General).
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, March 1, 2024. Gang Policies, Prison Gangs, Informants (Disciplinary Hearings), Informants, Consent Decrees, Control Units/SHU/Solitary Confinement, Consent Decrees - Termination of.