California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law by David Kim by David Kim The Supreme Court of California unanimously held that the rule established in People v. Vargas, 328 P.3d 1020 (Cal. 2014), requiring a trial court to dismiss …
California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition by David Kim by David Kim The California Court of Appeal, Second Appellate District, ruled that trial courts possess inherent authority to correct unauthorized sentences whenever the issue is presented, regardless …
Federal Funds Now Available for Police Drone Purchases by Jo Ellen Nott by Jo Ellen Nott A bipartisan provision tucked into the recently signed National Defense Authorization Act of 2025 has opened new federal funding streams for law enforcement agencies seeking to expand their drone programs, a development hailed by …
NEWS IN BRIEF by Alabama: In a rare victory for ethics enforcement in the Cotton State, a Lauderdale County jury returned a guilty verdict on November 7, 2025, against a former state judge accused of public corruption. According to the Alabama Political Reporter, Gilbert Porterfield Self, Sr., former presiding judge …
California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6 by Sagi Schwartzberg by Sagi Schwartzberg In resolving a conflict among Courts of Appeal, the Supreme Court of California held that defendants convicted of provocative act murder before its 2009 decision in …
Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the Ninth Circuit affirmed the exclusion of the factual basis from the defendant’s …
J.M. V. USA, CA, Complaint, Sexual Assault and Battery, 2025 Case 1:25-at-01011 Document 1 Filed 10/30/25 Page 1 of 50 1 2 CO ELLY - - LAWOFF I Es.- - 3 4 5 Colin G. Prince John B. McEntire, IV 2301 North 30th Street Tacoma, Washington 98403 253.593.5100 Attorneys for …
Ninth Circuit Holds Untruthful Responses to Questions Government Is Not Permitted to Ask on Visa Application Is Still Fraud if Responses Could Have Influenced Decision to Grant Request for Visa by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Ninth Circuit held that the untruthful …
California Supreme Court Announces Judgment Not Considered Final Under Estrada for Retroactive Application of Amended Gang Enhancement Statute When Conviction Affirmed on Appeal but Sentencing Issues Remain Pending Following Remand by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of California held that a defendant was entitled to retroactive application …
California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, reversed a superior court’s denial of Misael Padron’s motion to …
NEWS IN BRIEF by California: Former Stanislaus County Sheriff’s Deputy Matthew Joseph Dessert, 42, was sentenced to nine years in prison on August 8, 2025, for sexually abusing his teenage daughter. According to The Modesto Bee, County Superior Court Judge Jeff Mangar said that the lawman violated his office’s trust …
Estate of Tony Garcia v. Franke, CA, Settlement, Wrongful Death-Denial of Medical Care, 2025 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (“Agreement”) is made and entered into by and between Plaintiffs Patricia Garcia and Anthony Garcia, individually and as successorsin-interest to Tony …
News in Brief by Alabama: Walker County Sheriff Nick Smith faces six misdemeanor counts after a grand jury indicted him on May 30, 2025, for knowingly employing uncertified personnel. WBRC in Birmingham reported that Smith’s second-in-command, Chief Deputy Ralph Williams, was also indicted on one count of providing false or …
California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …
Estate of Tony Garcia v. Franke, CA, Complaint, Wrongful Death-Denial of Medical Care, 2025 Case 2:25-cv-06698-SRM-MAR Document 1 #:1 Filed 07/22/25 Page 1 of 28 Page ID SUA LAW GROUP APC 1 Brandon Sua, Esq. (State Bar No. 291476) 2 1445 East Los Angeles Avenue, Suite 303 Simi Valley, CA …
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 The California Court of Appeal, Fourth Appellate District, granted a …
News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-­defendant Jordan Hammond, through the Signal app, …
Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing by Jo Ellen Nott The integrity of Los Angeles County’s justice system is under fire following the news that potentially defective DNA test kits were used for months in thousands of criminal cases. Despite being notified in August …
News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …
Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization by Jo Ellen Nott by Jo Ellen Nott The shoplifting crisis dominating recent news may be exaggerated, but it has delivered major wins for police departments nationwide. An investigation by The Appeal on March 27, 2025, reveals that fears …
