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California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively

Loaded on Aug. 15, 2022 by David Reutter published in Criminal Legal News September, 2022, page 35
Filed under: Sentence Enhancements/Departures, Gang Membership. Location: California.

by David M. Reutter

The Court of Appeal of California, Sixth Appellate District, held that Assembly Bill No. 333, which changed the law on gang-related offenses, applies retroactively. The Court’s opinion reversed the judgments of convictions and remanded for new trials where the issue of guilt is bifurcated …

 

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  1. Speed Trap Gold Mine, by Jayson Hawkins
  2. Indirect DNA Transfer Can Result in Miscarriages of Justice, by David Reutter
  3. Manhattan DA Launches Conviction Review Unit, by Jayson Hawkins
  4. New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home, by Douglas Ankney
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  9. How Many Federal Crimes Are There?, by Casey Bastian
  10. Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables, by David Reutter
  11. First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests, by Douglas Ankney
  12. SCOTUS Holds Attempted Hobbs Act Robbery Not a ‘Crime of Violence’ Under a § 924(c)(3)(A), by Dale Chappell
  13. Outdated Wiretap Law Gives Feds Easy Access to Metadata, by Anthony Accurso
  14. Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science, by Casey Bastian
  15. California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, by David Reutter
  16. California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), by Harold Hempstead
  17. FBI Forces Suspect to Unlock Messaging App Using FaceID, by Anthony Accurso
  18. Sixth Circuit Announces Full, Unconditional Pardon, Regardless of Issue of Innocence, Meets Heck Requirement of Invalidated Conviction; § 1983 Claims May Be Pursued, by Harold Hempstead
  19. Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel, by Harold Hempstead
  20. California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively, by David Reutter
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  23. Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement, by David Reutter
  24. New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation, by Richard Resch
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