California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony by Dale Chappell by Dale Chappell The fact that a defendant admitted he had prior qualifying felonies for a Cal Pen Code § 665(a) enhancement does not convert his current “wobbler” into a felony, and the trial judge …
California Legalization of Marijuana Allows Convicted to Petition by Derek Gilna by Derek Gilna Proposition 64, which legalizes the sale of recreational marijuana in the state of California, also has a less publicized benefit for those with state marijuana felonies on their record. It allows them to petition to have …
California Court of Appeal: Prejudice “Presumed” Where Jury Discussed Defendant’s Decision Not to Testify by Dale Chappell by Dale Chappell A jury’s multiple discussions about why a defendant chose not to testify, despite the court’s warnings not to consider them, were sufficient misconduct to presume prejudice, the Court of Appeal …
San Francisco and San Diego Expunging Marijuana Convictions Under Prop 64 by San Francisco District Attorney George Gascón is acting upon a provision of Proposition 64 that has received relatively little media attention but is nonetheless extremely significant for tens of thousands of individuals—reduction, dismissal, or expungement of certain previous …
$5.5 Million Verdict Against LAPD for Taser Death of Former Marine by Derek Gilna by Derek Gilna The City of Los Angeles has beenhit with a $5.5 million jury verdict in November of 2017 for the death of a former Marine who was Tased six times in a row by …
Alliance for Constitutional Sex Offense Laws v. California DOC, CA, Petition for Writ of Mandate, 2017, SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO DATE/TIME February 9, 2018, 10:30 a.m. JUDGE HON. ALLEN SUMNER DEPT. NO CLERK 42 M. GARCIA ALLIANCE FOR CONSTITUTIONAL SEX OFFENSE LAWS, et al., Case No.: 34-2017-80002581 …
Bloomgarden v. County of Los Angeles, CA, Settlement Agreement, RLUIPA, 2018 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE (the "Agreement") is entered into by and between Howard Bloomgarden ("Bloomgarden"), on the one hand, and the County of Los Angeles, the Los Angeles County Sheriffs …
PLN v. Co. of Los Angeles, et al., CA, Settlement, censorship, 2018 SETTLEMENT AGREEMENT 1. PARTIES. The parties to this Settlement Agreement (the "Agreement") are 1.1 Human Rights Defense Center ("HRDC"), a not-for-profit charitable corporation recognized under section 501 (c)(3) of the Internal Revenue Code with its principal offices in …
$5.5 Million Verdict Against Los Angeles Police Department for Taser Death by The City of Los Angeles was hit with a $5.5 million jury verdict in November 2017 for the death of a former Marine who was tased six times by officers with the Los Angeles Police Department (“LAPD”) while …
Welch v. County of Los Angeles, CA, Complaint, Negligence, 2018 1 Gary S. Casselman, Esq. (SBN 81658) CASSELMAN LAW OFFICES 2 P.O. Box 539 3 Venice, CA 90291 Tel: (310) 314-4444 / Fax: (3 lO) 314-444 7 4 Attorneys for Plaintiff JA~\ 5 Sherri R 6 1 S ?.GiB carter. …
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California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal by Mark Wilson by Mark Wilson The California Court of Appeals held that charging a fee to remove mugshot photographs from a company's website is not protected free speech activity. Accordingly, dismissal of claims against the company were not warranted under California's …
Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit upheld a permanent injunction requiring automatic bond hearings for non-citizens who are detained longer than six months under three immigration statutes. The Court also held that hearings must be …
San Diego "Predator Free Zones" Struck Down by California Supreme Court by Christopher Zoukis by Christopher Zoukis The California Supreme Court has ruled that a statute restricting all registered sex offenders on parole in California from residing in large swaths of the state is unconstitutional as applied to registered sex …
California Appellate Court Remands Sex Offender Commitment Order by Christopher Zoukis by Christopher Zoukis The First Appellate District for the California Court of Appeals has remanded a lower court's decision to civilly commit a prisoner as a sexually violent predator (SVP). The Alameda County District Attorney filed a petition to …
Ninth Circuit: Police Brady Duty Was Clearly Established in 1984 by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that the law was clearly established before 1984 that police officers have a duty to disclose material, exculpatory evidence. In 1963, the United …
$4.5 Million to Widow of Man Shot by Police by Christopher Zoukis by Christopher Zoukis Naily Nida, the widow of Michael Nida, who was allegedly shot in the back by Downey, California police officer Steven Dean Gilley, settled a wrongful death lawsuit May 9, 2013 for $4.5 million. On October …
California Supreme Court Orders Consideration of Anonymization or Redaction of Mass Data for Public Record Disclosure by David Reutter by David Reutter The California Supreme Court held that while raw automated license plate reader (ALPR) data are excempt from California Public Records Act (CPRA) disclosure, further consideration is required to determine …
$36,203 Jury Award in California Excessive Force Case by Christopher Zoukis by Christopher Zoukis A federal jury awarded a South Lake Tahoe man $36,203 in a lawsuit alleging the use of excessive force by South Lake Tahoe police. The jury award came in on March 7, 2007, after a four-day trial. …
