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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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: …
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 …
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the …
California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Fourth Appellate District, ruled that a defendant’s right to confront his accuser under the Six Amendment to the U.S. …
Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect by Dale Chappell by Dale Chappell The fired San Francisco Police Department (“SFPD”) officer who shot and killed an unarmed carjacking suspect in December 2017 faces multiple charges, including manslaughter, by the new district attorney who vowed to …
California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death by Dale Chappell by Dale Chappell In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel …
Alvarado v. County of San Bernardino, CA, Complaint, Wrongful Death, 2021 Case 5:20-cv-00592-DMG-SHK Document 20 Filed 01/13/21 Page 1 of 25 Page ID #:128 1 2 3 4 5 6 7 8 9 LAW OFFICE OF SHARON J. BRUNNER SHARON J. BRUNNER, ESQ. (CSBN:229931) 14393 Park Avenue, Suite 100 Victorville, …
Nunez v. County of Santa Clara, CA, Complaint, Lack of Mental Care, 2021 ' - - - - ---=SU . .;;.;M = •-1..:... 00.;..., COURT USE ONLY SUMMONson First Amended Complaint~ - - - FOR (CITACION JUDICIAL) (SOLOPARAUSODELACORTE) ENDORSED NOTICE TO DEFENDANT: . (AVJSO AL DEMANDADO):COUNTY OF SANTA CLARA, a …
LAPD Finally Admits to Using Controversial Facial Recognition Software, After Denying it for 10 Years by Dale Chappell by Dale Chappell The Los Angeles Police Department (“LAPD”) denied for over a decade that it used facial recognition software. It even boldly said it never used facial recognition when responding to …
Lee v. Landrum, CA, Second Amended Complaint, Excesssive Force, 2020 Case 1:19-cv-01043-EPG Document 40 Filed 12/21/20 Page 1 of 9 1 2 3 4 5 6 7 HISTORIC ENGINE CO. NO. 28 644 South Figueroa Street Los Angeles, California 90017-3411 A PROFESSIONAL CORPORATION LAWYERS HISTORIC ENGINE CO. NO. 28 644 …
Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief by Dale Chappell by Dale Chappell The U.S. Court of Appeals held that a prosecutor’s repeated statements to a jury that a defendant wasn’t presumed innocent violated the Constitution’s Due Process Clause and granted habeas relief. The case …
Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error by Douglas Ankney by Douglas Ankney In its November 5, 2020 opinion, the U.S. Court of Appeals for the Ninth Circuit, en banc, announced that panels of the Ninth Circuit may now fashion …