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Brief • January 10, 2018
Anderson v. County of Los Angeles, CA, Summons, Police Misconduct, 2018 l-·011 COtJflj .. U.Sf: (lf-,'!. i~ (SGl.O t 1.At:.;~~ USO DC l :-, IX~.'-:1 L) NO(ICl: TO [X:.FEND/\NT; (AV!SO AL nF.AJANOAOO): ( 'U1)l\/I'Y OF LOS /\NCJELES, JEREMY FFNNFLl dnongh Sl\ inclusjvc :do; Cr:,nd ,_,f C.:diiur;iL· and DOES 1 H'H\f …
Brief • January 10, 2018
Anderson v. County of Los Angeles, CA, Complaint, Police Misconduct, 2018 !"-H'~-~r_JWC LNC;\f.:L CO" l..JO, ~~_fl t;,~4,1, 5;ol.fiH i"l{)UFt·~OA r:;rnt::LT !.(Y; /\>H.?FLi.-:'-: Ci-.u; Oi~Nfr\ 901.J .i /-~~(: 1 l ·i···1 :::nrur-..w. ('? 1 J) l'i'./_h-::1:,00 I (l . 0 , ()t r~ACOtfiXJr:ru-(~OS.C!)l,..i BEN l MFISELAS SBN 2T14J.2 liRJC Y. HAHN …
Article • January 3, 2018
Filed under: Booking Fees
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 …
Article • January 3, 2018
Filed under: Bail Bonds, Immigration
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 …
Article • December 27, 2017
Filed under: Sex Offender Treatment
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 …
Article • December 21, 2017
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 …
Article • December 20, 2017
$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 …
Article • December 19, 2017
Filed under: Public Records
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 …
Article • December 19, 2017
$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. …
Article • December 19, 2017
$320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis by Christopher Zoukis A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Puebla …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Evidentiary Ruling
Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit affirmed the suppression of evidence of gang affiliation obtained without Miranda warnings. On July 4, 2012, Antonio Gilton was arrested for murder and invoked …
Article • December 19, 2017 • from CLN January, 2018
Filed under: Juveniles, Police
New California Law Safeguards Minors’ Rights When in Police Custody by On October 11, 2017, California Governor Jerry Brown signed into law much-needed protection for minors who are targeted by police for questioning. Senate Bill 395 requires that minors 15 years of age or younger consult with a lawyer in …
Article • December 19, 2017 • from CLN January, 2018
Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson by Mark Wilson Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought …
Brief • December 18, 2017
Garcia v. County of Los Angeles, CA, Complaint, Wrongful Death (Negligent Police Shooting), 2017 l PANISH SHEA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 2 panish(@psblaw.com THOMAS. A SCHULTZ, State Bar No. 149578 3 schultz@psblaw.com JOHN W. SHALLER, State Bar No. 276084 4 shaller@psblaw.com 11111 Santa Monica …
Brief • December 18, 2017
Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017 CIV-110 ATTORNEY OR PARTf WITHOUT ATTORNEY: STATE BAR NO: Mark A. Anderson, Esq. KUZYK LAW, LLP STREET ADDRESS: 1700 West Avenue K, Suite 101 c1w Lan caster TELEPHONE NO.: (661) 945-6969 263655 …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
Article • December 14, 2017
Filed under: Parole
California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole by In a decision handed down on May 14, 2015, a California court of appeals held that a prisoner's consecutive sentence for a felony committed while incarcerated (custodial felony) begins on the date he is found …
Article • December 13, 2017
Filed under: Sentencing
Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke by Matt Clarke When California Governor Jerry Brown announced his intention of getting a voter initiative to reduce the length of time nonviolent prisoners would spend in prison onto the ballot, it engendered opposition ... and a sense …
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