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Brief • April 9, 2021
Filed under: Wrongful Death
Palacios v County of San Diego, CA, Settlement, Wrongful Death, 2021 RELEASE AND SETTLEMENT OF ALL CLAIMS For the sole consideration of ONE MILLION DOLLARS AND NO CENTS ($1 ,000,000.00), Plaintiff, Maria Palacios, individually and as the Estate of Decedent Ivan Ortiz (hereinafter referred to as "Plaintiff') hereby release and …
Brief • April 2, 2021
Filed under: Sexual Assault
Aldrich v. Sanches, CA, Complaint, Sexual Assault, 2021 Case 2:21-cv-02864-MCS-kk Document 1 Filed 04/02/21 Page 1 of 28 Page ID #:1 1 2 3 4 5 Carter C. White, CBN #164149 ccwhite@ucdavis.edu U.C. Davis Civil Rights Clinic One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: 530.752.5440 Facsimile: 530.752.5788 6 …
Article • March 15, 2021 • from CLN April, 2021
Filed under: News in Brief
News in Brief by California: A federal jury awarded a man who suffered severe head and face injuries in an encounter with a San Diego detective $1.5 million in November 2020. San Diego’s City Council, meanwhile, is expected to “approve a $2.5 million settlement, the money awarded by the jury …
California Court of Appeal Overturns Child Sex Abuse Convictions Based on Prosecution’s Violation of Brady Obligations by Withholding Witness Impeachment Evidence by Matthew Clarke by Matt Clarke The Court of Appeal of California, First Appellate District, reversed a man’s convictions for forcible rape, digital penetration, and misdemeanor battery of a …
Article • March 15, 2021 • from CLN April, 2021
California Court of Appeal: Lack of Notice of Filing Deadline Due Process Violation, Allowing Late Challenge to Erroneous Parole Designation by Dale Chappell by Dale Chappell The Court of Appeal of California, Fourth Appellate District, held that the lack of adequate notice of a time limit to challenge an erroneous …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Article • March 15, 2021 • from CLN April, 2021
New Drone Tech Being Deployed by Police by Anthony Accurso by Anthony Accurso Law enforcement use of unmanned aerial vehicles, UAVs or “drones,” became more common during the pandemic and nationwide protests, but new drone technology being deployed by police departments has troubling implications for civil rights. Chula Vista, a …
Article • March 15, 2021 • from CLN April, 2021
California Supreme Court Announces SB 1437 Bars Second-Degree Murder Based on Natural and Probable Consequences Doctrine by Douglas Ankney by Douglas Ankney The Supreme Court of California held that Senate Bill 1437 (2017-2018 Reg. Sess.) (“SB 1437”) bars a conviction for second-degree murder predicated on the natural and probable consequences …
Brief • March 15, 2021
Filed under: Wrongful Death
Estate of Manuel Verdugo v. City of El Centro, CA, Plaintiff's Opposition to Dft's Motion to Dismiss Complaint, Wrongful Death, 2021 Case 3:20-cv-02458-W-KSC Document 19 Filed 03/15/21 PageID.218 Page 1 of 33 1 2 3 4 5 6 7 8 Jorge González (CBN 100799) A PROFESSIONAL CORPORATION 2485 Huntington Drive, …
Brief • March 9, 2021
Filed under: Excessive Force
Jackson v. San Mateo County, CA, Settlement, Excessive Force, 2021 CONFIDENTIAL GENERAL RELEASE AND SETTLEMENT AGREEMENT This Confiden ial General Release and Se lemen Agreemen Agreemen is en ered into as of the Effective Date of this Agreement as defined herein, by and between the County of San Mateo he …
Article • February 15, 2021 • from CLN March, 2021
Filed under: News in Brief
News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …
Article • February 15, 2021 • from CLN March, 2021
ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit by Derek Gilna by Derek Gilna The American Civil Liberties Union (“ACLU”) has peeled back the curtain of secrecy on the FBI’s undisclosed in-house capability of unlocking encrypted cellphones and other electronic devices. The ACLU had unsuccessfully sought information on …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable by Douglas Ankney by Douglas Ankney Division Five of the First Appellate District of the California Court of Appeal held that Senate Bill No. 136 (“SB 136”) made unenforceable a plea agreement that contained a one-year …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, held that a trial court abused its discretion by denying …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History by Douglas Ankney by Douglas Ankney The California Court of Appeal, First Appellate District, vacated the denial of Patrick Sean O’Hearn’s motion to withdraw his guilty plea after concluding that defense counsel was ineffective for failing to …
Article • February 15, 2021 • from CLN March, 2021
San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab by Derek Gilna by Derek Gilna Hundreds of innocent people may have gone to jail based on potentially flawed or falsified test results by San Francisco Office of Chief Medical Examiner (“OCME”) forensic analyst Justin Volk. This alleged misconduct …
Brief • February 11, 2021
Filed under: Telephone Rates
Securus Technologies, LLC, v. California Dept of Technology, CA, Writ of Mandate, Inmate Phone Calls, 2021 OFFICE OF THE ATTORNEY GENERAL "' DEPARTMENT OF JUSTICE Civil qawi.ce of Process Cover Sheet ~ SF OAK LA SD FR . Service of Process Disclaimer: To All Persons Attempting Service of .Process Upon …
Brief • February 1, 2021
Filed under: Staff-Prisoner Assault
Contreras v. County of Los Angeles, CA, Settlement Agreement, Sexual Assault by Guard, 2021 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Mutual Release of All Claims ("Agreement") is entered into between the following parties ("the Parties"): Plaintiff Michelle Contreras (hereinafter, "Plaintiff'), and the County of Los …
Brief • January 27, 2021
A.M.P. v. County of Los Angeles, CA, Request for Dismissal, Excessive Force (Wrongful Death), 2021 CIV-110 ::§: ATTORNEY OR PARTY WITHOUT ATTORNEY. STATE BAR NO: FOR COURT USE ONLY 0.... NAME: Humberto Guizar (SBN 125769); Christian Contreras (SBN 330269) M FIRM NAME: Guizar, Henderson & Carrazco, LLP N STREET ADDRESS: …
Article • January 15, 2021 • from CLN February, 2021
California Law Enforcement Strikes Out in 2020 Elections by Kevin Bliss by Kevin Bliss The 2020 elections saw California police unions losing a lot of ground in their battle to hold power over a more liberal state perspective to criminal justice reform. Historically, law enforcement unions have been a powerful …
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