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 …
California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott by Jo Ellen Knott On January 1, 2024, Assembly Bill 2773 took effect in California. The law requires police officers to tell drivers why they have been pulled over before questioning them on …
California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law by David Reutter by David M. Reutter The Court of Appeal of California, Fourth District, held that a violation of a prisoner’s constitutional and statutory rights to be personally present at …
Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not …
California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Court of California held that a jury’s …
In re Complaint of Judicial Misconduct (Hon. Roger T. Benitez), CA, Order, Judicial Misconduct, 2024 Page 1 JUDICIAL COUNCIL OF THE NINTH CIRCUIT FILED MAY 1 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS IN RE COMPLAINT OF JUDICIAL MISCONDUCT Before: I. Nos. 23-90037 and 23-90041 ORDER MURGUIA, Chief …
Enyart v. Cnty. of San Bernardino, CA, Summary Judgment Order, Wrongful Death, 2024 Enyart v. Cnty. of San Bernardino United States District Court for the Central District of California April 22, 2024, Decided; April 22, 2024, Filed 5:23-cv-00540-RGK-SHK Reporter 2024 U.S. Dist. LEXIS 74108 * Frances Enyart et al. v. …
California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data by Anthony Accurso by Anthony W. Accurso Rob Bonta, the Attorney General for the state of California, issued a memo to law enforcement agencies in the state, which interprets SB 34 and forbids them from sharing with out-of-state agencies …
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fourth Appellate District, overturned the denial of a defendant’s motion to suppress, holding that the officer impermissibly …
California Court of Appeal Reverses Denial of Full Resentencing Under SB 483 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Sixth Appellate District, issued an opinion reversing a trial court’s refusal to apply Senate Bill (“SB”) 483 to a previously-remanded sentence. It also held that the …
