News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …
Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that the use of unconvicted criminal conduct that was too dissimilar to the charged offense to obtain a conviction violates …
California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel by Douglas Ankney by Douglas Ankney The Supreme Court of California reversed the murder conviction and death sentence of Paul Nathan Henderson because the police continued to question him after he made …
Fed Position on Pot Pushing Vets to Black Market by Jayson Hawkins by Jayson Hawkins The walls in Alex’s home are decorated with medals earned from two tours as a Marine serving in Iraq. He returned to the U.S. in 2007 at age 21, psychologically scarred by a war that …
McClelland v. County of Los Angeles, CA, Stipulation for Dismissal, Failure to Protect, 2020 Case 2: 9-cv-06755-SVW-JEM Document 25 Filed 10/13/20 Page 1 of 2 Page ID #:108 1 Mark D. Rutter ffBN 058194) 2 f66R[.1&~In1RAve~1~~~~o~ DUMONT, LLP Los Angeles~ CA 90071 3 Phone: (213 228-0400 Fax: (213 228-0401 4 …
Wilson v. County of Los Angeles, CA, Settlement Agreement, Wrongful Conviction, 2020 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into by and between Plaintiff Andrew Wilson ("Plaintiff'), on the one hand, and Defendant County of Los Angeles …
Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that law enforcement officers violated the Fourth Amendment in executing an administrative warrant at a private …
California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …
California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’ by Dale Chappell by Dale Chappell The Court of Appeal of California, Third Appellate District, granted habeas relief on April 3, 2020, in a case where appellate counsel failed to request a jury instruction …
News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, CA, Order of Dismissal, Invasion of Privacy (Medical Records), 2020 SUPERIOR COURT OF CALIFORNIA, COlJNTY OF LOS ANGELES Civrl. Division Central District, Stanley Mosk Courthouse, Departrnent 56 BC543199 ASSOCIATION FOR LA UEPUTY SHERIFFS ET AL VS COUNTY OF LA …
California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes by Anthony Accurso by Anthony Accurso The Supreme Court of California reversed a judgment of the Court of Appeal by holding that a defendant need not be released from custody in order to demonstrate living an …
News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …
California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held on June 16, 2020, that the California Supreme Court’s decision limiting the kill zone theory in prosecutions for attempted premeditated murder …
The Lunacy of Qualified Immunity by Edward Lyon by Ed Lyon The entire premise underlying punishment is that the person being punished knew what they did was wrong before they acted but did the action anyway. If the person lacked the requisite knowledge of right and wrong, then they may …
Guard Your Digital Privacy to Keep Your Real Self Safe by Anthony Accurso by Anthony Accurso It’s no secret that our digital devices, especially our phones, are collecting troves of data about us — our preferences, habits, and movements. Many of us understand this is the price we pay for …
Pasadena Alternative Care, Inc. v. County of Los Angeles, CA, Settlement Agreement, Unlawful Seizure and Destruction of Property, 2020 SETTLEMENT AGREE.Mti:NT ANU MU'I'UAL GENERAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE (the "Agreement") is entered into by and between Pasadena Alternative Care Inc. ("Plaintiff'), on the one hand, and …
Palacios v County of San Diego, CA, First Amended Complaint, Wrongful Death, 2020 Case 3:20-cv-00450-MMA-DEB Document 26 Filed 08/06/20 PageID.254 Page 1 of 25 1 2 3 4 5 6 Gerald Singleton (SBN 208783) Brody A. McBride (SBN 270852) Trenton G. Lamere (SBN 272760) SINGLETON LAW FIRM, APC 450 A …
Shidler v. County of San Bernardino, CA, Complaint, Wrongful Death, 2020 Case 5:19-cv-00503-AB-SHK Document 70 Filed 08/04/20 Page 1 of 33 Page ID #:1803 1 2 3 4 5 6 7 8 9 10 11 12 LAW OFFICE OF SHARON J. BRUNNER SHARON J. BRUNNER, ESQ. (SBN: 229931) 14393 Park …
