Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
California Court of Appeal: Statute Allowing Noncitizens to Vacate Convictions Due to Failure to Understand Adverse Immigration Consequences Applies Retroactively to Convictions Resulting From Trials That Are Not Yet Final by Harold Hempstead by Harold Hempstead The Court of Appeal of California, Third Appellate District, held that Assembly Bill No. …
Californians Now Have Say in Whether Their Local Police Force Looks Like a Military Outpost by Douglas Ankney by Douglas Ankney With the passage of A.B. 481, Californians have a say as to whether their local police agency looks like a military outpost. For years, the U.S. military has given …
News in Brief by Arkansas: A Mulberry police officer and two sheriff’s deputies from Crawford County were suspended after a video surfaced appearing to show them beating a man suspected of making violent threats. Maine Public Radio reported that the three officers were videoed by a bystander as they held …
California Court of Appeal Explains ‘Automobile Exception’ and ‘Plain-View Seizure’ Doctrines, Rules Warrantless Seizure of Defendant’s Vehicle Parked on Friend’s Property Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Third Appellate District, ordered the suppression of evidence obtained from defendant’s vehicle parked …
LA County Sheriff Alex Villanueva Continues to Threaten and Intimidate Critics Who Question How He Handles His Gang-Infested Sheriff’s Department by Jo Ellen Nott by Jo Ellen Nott Current Los Angeles County sheriff Alex Villanueva has done nothing to clean up rampant gang activity within the Los Angeles Sheriff’s Department (“LASD”) …
News in Brief by Alabama: On August 4, 2022, the Vincent City Council voted to fully dissolve the city’s police force after racist text messages by a top officer were discovered, CNN reported. The city is home to about 2,000 residents and until the vote by the council, had just …
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
California Court of Appeal Announces Term ‘Actual Killer’ in Revised Felony-Murder Statute Refers to Person Who ‘Personally Killed’ Victim, Not Necessarily Same as Person Who ‘Caused’ Death, for Resentencing Purposes Under § 1170.95 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, held that …
California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea by David Reutter by David M. Reutter The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale …
California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, ruled that Glenn Douglas Crites was …
The Government's Use of Altered Evidence and False Testimony by FBI Personnel to Secure and Illegal Conviction, Aug 2022 Tully & Weiss Retired Attorneys at Law 713 Main Street, Martinez, CA 94553 FIAT JUSTIT IA RUA! CAELUM Phone: (925) 229-9700 * fax: (925) 231-7754 The Government’s Use of Altered Evidence …
Mays v. County of Sacramento, CA, Filing of Environment of Care Expert Report, Conditions of Confinement, 2022 Case 2:18-cv-02081-TLN-KJN Document 157 Filed 08/17/22 Page 1 of 35 1 2 3 4 5 LISA A. TRAVIS, County Counsel RICK HEYER, Supervising Deputy County Counsel [State Bar No. 216150] COUNTY OF SACRAMENTO …
Estate of Thomas Barbosa v. Shasta County, CA, Deposition of Rod Englert, Wrongful Death, 2022 Deposition of Rod Englert August 16, 2022 Volume I Barbosa vs. Shasta County www.aptusCR.com I 866.999.8310 Volume I Rod Englert Barbosa vs. Shasta County Page 1 ·1· ·2· ·3 ·4· · · ·5· · · …
San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction by Keith Sanders by Keith Sanders In April 2022, Joaquin Ciria was exonerated after being wrongfully convicted of killing Felix Bastarrica in 1991. The 61-year-old Ciria, who maintained his innocence from the beginning, became the first person …
California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively by David Reutter 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 …
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 by David M. Reutter The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert …
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 by Harold Hempstead On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. …
Luttreel v. Hart, CA, Order Granting in Part and Denying Part Dft's Motion for Summary Judgment, Sexual Assault, 2022 Case 5:19-cv-07300-EJD Document 111 Filed 07/19/22 Page 1 of 15 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 TYLER LUTTRELL, 8 …
