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California Court of Appeal Issues Writ of Mandate Directing Superior Court to Hold Evidentiary Hearing Under State’s Racial Justice Act, Ruling Defendant Provided Sufficient Evidence to Establish Prima Facie Claim of Implicit Bias by San Diego Police
The California Court of Appeal, Fourth Appellate District, granted a petition for a writ of mandate after finding that Elijah Jackson, who is Black, established a prima facie claim that the San Diego Police Department (“SDPD”) violated the Racial Justice Act of 2020 (“RJA”) by producing data showing a …
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More from this issue:
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, by Richard Resch
- Third Circuit: No ‘Constructive Possession’ of Firearm Discovered in Trunk of Vehicle Six Months After Defendant’s Arrest, During Which Time He Was Incarcerated and Vehicle Impounded in Tow Lot Whose Sole Security Feature Was a Locked Gate, by Sagi Schwartzberg
- SCOTUS Announces ‘Economic Loss’ Not Required to Violate Federal Wire Fraud Statute, by David Kim
- The Algocracy Agenda: How AI and the Deep State Are Digitizing Tyranny, by John & Nisha Whitehead
- Driverless Vehicles Are the Newest Mass Surveillance Tool of Law Enforcement, by James Mills
- Not-So-Friendly Neighborhood Spidernet: Emerging Mass Surveillance Tool to Weave a Web Around Your Digital Life, by Michael Thompson
- Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, by Sam Rutherford
- Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence, by David Kim
- Biomedical Engineers Discover Pruny Fingers Yield the Same Fingerprint Patterns as Dry Ones, by Jo Ellen Nott
- Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros, by Sagi Schwartzberg
- From Witness Descriptions to Digital Mugshots: AI’s Growing Role in Policing, by James Mills
- Punishment TV, by Vidal Guzman
- Class Incarceration Has Become a Prominent Factor in Mass Incarceration, by Charles "Keith" Wampler
- California Court of Appeal Issues Writ of Mandate Directing Superior Court to Hold Evidentiary Hearing Under State’s Racial Justice Act, Ruling Defendant Provided Sufficient Evidence to Establish Prima Facie Claim of Implicit Bias by San Diego Police, by Sagi Schwartzberg
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, by Douglas Ankney
- Colorado Supreme Court Announces Police Facilitating Drug-Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment, by Anthony Accurso
- Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence, by Anthony Accurso
- New Orleans Police Continue Using Facial Recognition Despite City Restrictions, by James Mills
- Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows, by Michael Thompson
- Green Light for Justice: Dutch Researchers Find Perovskite Method Improves Gunshot Residue Analysis with Unprecedented Sensitivity, by Jo Ellen Nott
- How Police Departments Hire Bad Cops: The Shadow System Protecting ‘Wandering Officers’, by Clarence Walker, James Mills
- News in Brief
More from Sagi Schwartzberg:
- California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026
- Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026
- Iowa Department of Corrections Settles Lawsuit and Agrees to Implement More Reliable Drug Testing Procedures and Fair Disciplinary Proceeding Policies, Oct. 1, 2026
- South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026
- Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right, March 1, 2026
- Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime, Feb. 1, 2026
- Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds, Feb. 1, 2026
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025
- California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6, Dec. 15, 2025
More from these topics:
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- Massachusetts Supreme Judicial Court Announces Totality-of-the-Circumstances Framework for Evaluating Delayed Traffic Stops Under Article 14, Holding 24-Hour Gap Between Observed Infraction and Vehicle Stop Was Unreasonable, June 1, 2026. Motions To Suppress, State Constitutional Claims, Seizure, Pretextual Stops, Traffic Stops.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Records Show Culture of Impunity Among Kentucky Prison Guards, May 1, 2026. Guard Misconduct, Snitch Jacketing, Whistleblowing, Evidence - Admissibility.
- Delaware Supreme Court Announces Adoption of ABA Standard 3-6.5(b) Governing Prosecutors’ Opening Statements, Reverses Murder Convictions Based on Prosecutor’s References to Co-Defendant’s Guilty Plea, May 1, 2026. Evidence - Admissibility, Improper Comments, Plain Error, Fair Trial, Grounds for Relief.
- Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, May 1, 2026. Motions To Suppress, Reasonable Suspicion, Traffic Stops, Suppression, Scope of Permissible Searches.
- Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” for Miranda Purposes, Feb. 1, 2026. Community Caretaking Exception/Doctrine, Traffic Stops, Self-Incrimination Clause, Custodial Interrogations, In Custody.
- Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment, Feb. 1, 2026. Cell-Phones, Motions To Suppress, Reasonable Suspicion, Traffic Stops, Terry Stops.
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025. Evidence - Admissibility, Federal Rules of Evidence, Acceptance/Rejection by the Court, Validity of.
- Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, Dec. 1, 2025. 42 U.S. Code § 1983, civil action for deprivation of rights, Favorable Disposition, Evidence - Admissibility, Admissions, Knowingly and Voluntarily Made.





