Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege by Sagi Schwartzberg by Sagi Schwartzberg The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to …
California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, vacated the sentence of Santiago Gonzalo Canales and remanded for resentencing because the trial …
NEWS IN BRIEF by Alabama: On February 19, 2025, a grand jury called for the immediate abolition of the Hanceville Police Department for its “rampant culture of corruption” that turned it into a criminal enterprise. The New York Post reported that an investigation followed the death of dispatcher Christopher Willingham, …
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 by Phillip Wasserman, J.D. by Phillip Wasserman, J.D. The Court of Appeal of California, Sixth Appellate District, held that the prosecution’s statements during closing …
California Police Misused State Databases Over 7,000 Times in 2023 by James Mills by James Mills C alifornia law enforcement agencies violated rules governing access to criminal justice databases 7,275 times in 2023, according to records obtained by the Electronic Frontier Foundation (“EFF”). These violations highlight systemic issues in the …
Bell v. City and County of San Francisco, CA, Settlement, Excessive Force, 2025 FILE NO. 250004 1 ORDINANCE NO. 025-25 [Settlement of Lawsuit - Vincent Keith Bell - $825,000] 2 3 Ordinance authorizing settlement of the lawsuit filed by Vincent Keith Bell against the 4 City and County of San …
California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth Appellate District, held that the evidence …
California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions by Sam Rutherford by Sam Rutherford The California Court of Appeal, Sixth District, held that defendants are …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
Estate of Bryan Debbs v. County of Sacramento, CA,Judgment, Wrongful Death-Failure to Protect, 2025 Case 2:20-cv-01153-DC-SCR Document 61 Filed 02/10/25 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF BRYAN DEBBS, et …
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d) by Sam Rutherford by Sam Rutherford The California Court of Appeal, Second Appellate District, held that youthful defendants who receive sentences that are “functionally equivalent” to sentences of life without …
Ninth Circuit Announces ‘Hate Crime’ Sentence Enhancement Under Guidelines § 3A1.1(a) Requires Finding Defendant Motivated by Hate or Animus by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit clarified the circumstances under which a U.S. District Court may impose a “hate crime” enhancement pursuant …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth Appellate, held that a defendant’s prison prior enhancement based on an offense that may no longer serve as …
California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions by Sam Rutherford by Sam Rutherford The Court of Appeal of California, Second Appellate District, held that defendants are entitled to conduct discovery in preparation …
California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment by Sam Rutherford by Sam Rutherford The California Supreme Court held that the 2022 amendments to Penal Code § 1170, which limits a trial court’s ability to impose an upper-term sentence …
News in Brief by Alabama: A former Huntsville, Alabama police officer, William “Ben” Darby, was sentenced again on October 26, 2024, to 25 years for the fatal shooting of a suicidal man in 2018, according to the Slate Report. Darby was convicted for the second time in May 2024 of …
California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing by Sam Rutherford by Sam Rutherford The Supreme Court of California held that a trial court may not impose a sentencing enhancement that was neither pleaded and found true by the trier of …
Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit reversed the U.S. District …
