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California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020
Loaded on May 15, 2023
by Mark Wilson
published in Criminal Legal News
June, 2023, page 43
Filed under:
Racial Discrimination,
Racial/Ethnic Bias/Profiling,
Pre-textual Justifications.
Location:
California.
by Mark Wilson
In a case of first impression, the Court of Appeal of California, First Appellate District, vacated a trial court’s denial of a criminal defendant’s discovery request under California’s Racial Justice Act of 2020 and announced the framework for evaluating whether defendants are entitled to discovery of requested ...
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More from this issue:
- The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification, by Douglas Ankney
- Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine, by Christopher Cobb
- Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release, by James Lockhart, Luke Sommer
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, by Richard Resch
- Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel, by Mark Wilson
- Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation, by Douglas Ankney
- Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence, by Anthony Accurso
- Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve, by Douglas Ankney
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, by Harold Hempstead
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, by Douglas Ankney
- Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, by Richard Resch
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- Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire, by Mark Wilson
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, by Dale Chappell
- Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, by Matthew Clarke
- A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It, by Jordan Arizmendi
- Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional, by Douglas Ankney
- California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020, by Mark Wilson
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, by Douglas Ankney
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- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act, March 15, 2025. Racial Discrimination, Attorney Misconduct, Misleading Advice/Statements to Defendant.
- U.S. Navy Exonerates Wrongly Convicted Black WWII Sailors, Feb. 15, 2025. Wrongful Conviction, Military, Racial Profiling, Racial/Ethnic Bias/Profiling.
- Reining in Police Monitoring of Social Media, Feb. 15, 2025. Police State-Surveillance, Electronic Surveillance, Racial/Ethnic Bias/Profiling, Social Media, Racial Bias Exception.
- Surveilling the Harms of Electronic Monitors, Feb. 1, 2025. Racial Discrimination, Electronic Monitoring, Breathalyzer Tests.
- Eleventh Circuit Denies Qualified Immunity to Georgia Jailers Who Housed White Detainee With Black Cellmate Held for Racially Motivated Attack, Aug. 15, 2024. Racial/Ethnic Bias/Profiling, Immunity - Absolute and Qualified.
- California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act, June 15, 2024. Racial Discrimination, Racial Profiling, Charging Decisions, Disparity in Charging/Sentencing Practices.
- U.N. Panel Finds Rampant Racism in U.S. Criminal Justice System, June 1, 2024. Racial Discrimination, Commentary/Reviews, Crime/Demographics, Criminal Prosecution, Statistics/Trends.
- Lawsuit Alleges Black ICE Detainee Subjected to Racial Slurs, Choked in Restraint Chair at Pennsylvania Jail, June 1, 2024. Racial Discrimination, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Detention - Generally.
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024. Racial Discrimination, Religious Discrimination, FBI, First Amendment, rights, Police State-Surveillance, Social Media.
- These Men Fought White Supremacists and Got Sentenced to Over 200 Years, May 1, 2024. Guard Misconduct, Political Prisoners, Racial Discrimination, Prison Rebellion, Guard Brutality/Beatings, Control Units/SHU/Solitary Confinement, Guards/Staff.