Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit reversed the convictions of the unwitting passenger of a drug mule on the …
California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in by David Reutter by David M. Reutter The Court of Appeal of California, …
Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit held that issues not raised in a prior appeal are …
California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate …
California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that Jeremiah Paul’s conversation …
After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead by Douglas Ankney by Douglas Ankney Bruce Praet, cofounder of the company Lexipol, offers California cops some advice in one of his online training webinars: When notifying the family of …
California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity by Sam Rutherford by Sam Rutherford “The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s …
California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, issued a writ of mandate directing a trial court to …
California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition by Douglas Ankney by Douglas Ankney In a case involving three issues of first impression, the Court of Appeal of California, First Appellate District, ruled that Penal Code Section 1509(1)(c)’s 10- …
Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that police may ask whether a person stopped for a traffic infraction is on parole without violating …
Bell v. City and County of San Francisco, CA, Settlement, Excessive Force, 2024 FILE NO. 240572 1 ORDINANCE NO. 179-24 [Settlement of Lawsuit - Vincent Keith Bell - $500,000] 2 3 Ordinance authorizing settlement of the lawsuit filed by Vincent Keith Bell against the 4 City and County of San …
Rubalcava v. City of San Jose, CA, Settlement, Wrongful Conviction, 2024 14. Entire Agreement. This document is a fully integrated contract. It contains all agreements, covenants, understandings, representations, and warranties between the Parties concerning the subject matter of the Agreement. The Parties have made no other express or implied agreements, …
Rubalcava v. City of San Jose, CA, City Council Meeting Agenda Minutes, Wrongful Conviction, 2024 CITYOF A SANJOSE CA ~ITAL OF SI LICON VALLEY CITY COUNCIL MEETING Amended Agenda Tuesday, June 18, 2024 11:00 AM LOCATION: Council Chambers - 200 E. Santa Clara Street Interpretation is available in Spanish and …
California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense by Douglas Ankney by Douglas Ankney Resolving a split among the Courts of Appeal, the Supreme Court of California ruled that a defendant has …
Second Chances: California Clears Criminal Records, Including Violent Crimes by Jo Ellen Nott by Jo Ellen Nott California is at the forefront of change in criminal justice reform with a new law, Senate Bill 731, allowing people with felony convictions, even violent ones, to petition to have their records …
California Court of Appeal: Statistical Evidence Showing Racial Disparity Combined With Evidence Showing Non-Minority Defendants Charged With Lesser Crimes Establishes Prima Facie Case Under California Racial Justice Act by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Fourth Appellate District, held that “if a defendant provides …
Enyart v. Cnty. of San Bernardino, CA, Order Denying Mtn for Judgment as Matter of Law, Wrongful Death, 2024 Case 5:23-cv-00540-RGK-SHK Document 186 Filed 06/11/24 Page 1 of 3 Page ID #:3641 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 5:23-cv-00540-RGK-SHK Title Frances Enyart …
Enyart v. Cnty. of San Bernardino, CA, Jury Instructions, Wrongful Death, 2024 Case 5:23-cv-00540-RGK-SHK Document 180 Filed 05/24/24 Page 1 of 25 Page ID #:3163 FILED 1 CLERK, U.S. DISTRICT COL"RT 2 I 3 5/24/2024 0:1'- fRA I, l)ISTRICT BY: I or C,\LffORNIA JRE OEPlffY 4 5 6 UNITED STATES …
Enyart v. Cnty. of San Bernardino, CA, Verdict Form, Wrongful Death, 2024 Case 5:23-cv-00540-RGK-SHK Document 182 Filed 05/28/24 Page 1 of 5 Page ID #:3189 FILED 1 CLERK, U.S. DISTRICT COL"RT I 2 5/24/2024 I 0:1'- fRA I, DISTRICT OF C,\LffORNIA 3 BY: JRE OEPlffY REDACTED 4 5 UNITED STATES …
