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Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case

Article • April 15, 2020 • from CLN May, 2020

Filed under: Three Strikes Statutes/Rule

Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on January 30, 2020, that the “reclassification” of a prior conviction as a misdemeanor under Proposition 47 …

Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police

Article • April 15, 2020 • from CLN May, 2020

Filed under: Safety Threat to Police, Substantial Assistance to Authorities

Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police by Douglas Ankney by Douglas Ankney In 2014, Norma and Jim Gund were tricked by a Trinity County sheriff’s deputy into responding to a 911 call that the deputy said was “weather related.” Instead, …

‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists

Article • April 15, 2020 • from CLN May, 2020

Filed under: Brady Rule violations, Denial of Due Process

‘Constitutional Crisis’ Still Exists Despite California Supreme Court Ruling on Opening Access to Law Enforcement Brady Lists by Dale Chappell by Dale Chappell The latest attempt by the California courts to “harmonize” the state’s brutally secretive police protection statutes with the U.S. Supreme Court’s ruling in Brady v. Maryland, the …

California’s Killer Cops

Article • April 15, 2020 • from CLN May, 2020

Filed under: Police Misconduct

California’s Killer Cops by Douglas Ankney by Douglas Ankney On the list of cops in California who are convicted felons, 20 former officers are shown as convicted killers. Recent headlines told us of Joseph DeAngelo — the suspected “Golden State Killer”— charged with a dozen murders and more than 40 …

Auner v. County of Los Angeles, CA, Settlement Agreement, Whistleblower Retaliation, 2020

Brief • April 7, 2020

Filed under: Whistleblowing

Auner v. County of Los Angeles, CA, Settlement Agreement, Whistleblower Retaliation, 2020 SETTLEMENT AGREEMENT AND GENERAL RELEASE FOR GOOD AND VALUABLE CONSIDERATION, in the amount of$250,000.00 (Two Hundred And Fifty Thousand Dollars), subject to the County of Los Angeles settlement approval process, in order to resolve and settle finally, folly, …

Emergency Rules, CA, Lowered Bail Amounts, 2020

Publication • April 6, 2020

Filed under: COVID-19

Emergency Rules, CA, Lowered Bail Amounts, 2020 Emergency Rules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of the California Rules of Court are adopted effective April 6, 2020, to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 …

Lindsey v. County of Los Angeles, CA, Settlement Agreement, Employee Litigation, 2020

Brief • April 1, 2020

Filed under: Employee Litigation, Evidence - Failure to Disclose, Selective Prosecution/Enforcement

Lindsey v. County of Los Angeles, CA, Settlement Agreement, Employee Litigation, 2020 SETTLEMENT AGREEMENT AND FULL RELEASE OF ALL CLAIMS PART ONE - DEFINITIONS The term, "PLAINTIFFS," when used in this release, means each and every one of the following releasors: (1) Plaintiff CHARLES G. RODRIGUEZ, (2) Plaintiff ROBERT G. …

Gallegos v. Murray, CA, Settlement Agreement, Sexual Assault by Guard, 2020

Brief • March 25, 2020

Filed under: Staff-Prisoner Assault

Gallegos v. Murray, CA, Settlement Agreement, Sexual Assault by Guard, 2020 AMENDED SETTLEMENT AGREEMENT AND wHJTtJAL GENERAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE (the "Agreement") is entered into by and between Phillip Gallegos ("Gallegos"), on the one hand, and the David Murray ("Defendant"), on the other in regards …

Executive Order N-36-20, CA, Temporarily Halt Intake, 2020

Publication • March 24, 2020

Filed under: COVID-19

Executive Order N-36-20, CA, Temporarily Halt Intake, 2020

FOIA Request for Death Investiation - Gul Rahman Report

Publication • March 19, 2020

Filed under: Wrongful Death, Freedom of Information Act (FOIA)

FOIA Request for Death Investiation - Gul Rahman Report Washington, D.C. 20505 19 March 2020 Mr. John Greenewald, Jr. The Black Vault 27305 W. Live Oak Road Suite #1203 Castaic, CA 91384 Reference: EOM-2019-00773 Dear Mr. Greenewald: This is a final response to your correspondence of 5 June 2019, submitted …

California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause

Article • March 18, 2020 • from CLN April, 2020

California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause by Douglas Ankney by Douglas Ankney The Supreme Court of California ruled that repositioning a computer monitor so that it blocked the defendant’s view of the witness testifying against him violated the Confrontation Clause. …

California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop

Article • March 18, 2020 • from CLN April, 2020

Filed under: Traffic stop

California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop by Douglas Ankney by Douglas Ankney Division Two of the Fourth Appellate District for the California Court of Appeal ruled that an officer must have reasonable suspicion based on articulable facts to initiate a traffic …

Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’

Article • March 18, 2020 • from CLN April, 2020

Filed under: Attorneys, Attorney Misconduct, Habeas Corpus

Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit reversed the district court’s denial of Ezzard Charles Ellis’ petition for a writ of habeas corpus and …

Auner v. County of Los Angeles, CA, Order of Dismissal, Whistleblower Retaliation, 2020

Brief • March 18, 2020

Filed under: Whistleblowing

Auner v. County of Los Angeles, CA, Order of Dismissal, Whistleblower Retaliation, 2020 Reserve d for Cl er k ' s Fi I e Stn mp SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES COURTHOUSE P..DDRESS·. Stanley Mosk Courthouse FILED Superklr Court of Calffo nia County of losAngaJes 111 North …

Hogan v. County of Santa Clara, CA, Settlement Agreement, Wrongful Death, 2020

Brief • March 16, 2020

Filed under: Wrongful Death

Hogan v. County of Santa Clara, CA, Settlement Agreement, Wrongful Death, 2020 SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement") is made as of the 5th day of March 2020 by and between Andrew Hogan ("Claimant"), by and through his court-appointed conservators, Chis Hogan and Wendy …

Proclamation of a State of Emergency, CA, COVID-19, 2020

Publication • March 4, 2020

Filed under: COVID-19

Proclamation of a State of Emergency, CA, COVID-19, 2020

HRDC v. County of Napa, CA, Complaint, Mail Censorship, 2020

Filing • February 20, 2020

Filed under: Mail, Censorship

HRDC v. County of Napa, CA, Complaint, Mail Censorship, 2020 Case 3:20-cv-01296 Document 1 Filed 02/20/20 Page 1 of 17 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN GALVAN & GRUNFELD …

Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California

Article • February 19, 2020 • from CLN March, 2020

Filed under: Police Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police

Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California by Bill Barton by Bill Barton At about 6 a.m., August 19, 2018, Orange County police officer Michael Devitt yanked Mohamed Sayem from his Jeep and punched him several times in the face and stomach, an incident …

California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations

Article • February 19, 2020 • from CLN March, 2020

California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations by Douglas Ankney by Douglas Ankney Division Five of the Second Appellate District of the California Court of Appeal granted Mohammad Mohammad’s petition for writ of habeas corpus and ordered the California Department of Corrections …

California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case

Article • February 18, 2020 • from CLN March, 2020

Filed under: Searches

California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Second Appellate District, held that a condition imposed during a mandatory supervision period that required the defendant to submit to searches of any electronic device in …