Court Rules that Driving Includes Being Stopped At Red Light While Using Cell Phone
Nov 22, 2011
On December 28, 2009, a Richmond, California motorcycle officer pulled up at a red light alongside Mr. Carl Nelson. The officer watched Nelson, who was sitting behind the wheel of his car, open his ...
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Lifetime Requirement to Register as Sex Offender Not Eliminated When Felony Conviction Reduced to Mi
Nov 22, 2011
Over about a one month period in late 2006, Defendant Brian Roger Kennedy engaged in a sexually explicit Internet conversation with an undercoverSan Josepolice officer who Kennedy believed was 13 ye...
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In Counterfeit DVD And CD Case, Victim Cannot Recover Potential Economic Loss
Nov 21, 2011
California Penal Code 1202.4(r) governs the method for calculating restitution in fraudulentDVD and CD cases.
When Hector Garcia and Martin Avila were charged in 2009 with violating Penal Co...
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Multiple Convictions For Embezzlement From Employer Proper When Takings Distinguishable
Nov 16, 2011
Joyce Jaska was the secretary and treasurer of Barstow Truck Parts and Equipment, Inc., a family business that had survived since the 1950s. The president of the company fully trusted Jaska, who did ...
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Life In Prison Without Possibility Of Parole Unconstitutional For Juvenile Nonhomicide Offender
Nov 15, 2011
In 2010, citing the Eight Amendments bar against cruel and unusual punishment, the United States Supreme Court determined that the immature and potentially malleable nature of juveniles precludes ...
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Pandering Conviction Upheld Even When Victim is Already a Prostitute
Nov 15, 2011
While it may seem counterintuitive to some, one can be convicted of pandering in violation of California Penal Code 266i(a)(2) even when the victim is already a prostitute, or at least represents he...
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When An Arrestee is Detained, It is Unconstitutional to Search a Car Without a Warrant
Nov 15, 2011
Under most circumstances of an arrest, police are able to validly search a vehicle because the vehicle is considered an area within the arrestees immediate control. Officer safety and evidence preser...
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Conviction Overturned for Lewd Acts Upon a Child
Nov 15, 2011
In 2010, Lee Cottone was convicted in Orange County of four counts of committing a lewd act upon a child under the age of fourteen (California Penal Code 288(a)).
At trial, the court admitted evid...
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Is Being Unconscious While DUI a Defense to Second Degree Murder Charge? Appellate Court Says No.
Nov 15, 2011
On Friday evening, February 22, 2008, Elijah Ferguson crashed into the rear of a car stopped at a red light and carrying Michael and Grace Stein. The accident happened at the corner of MacArthur and ...
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Conviction Overturned for Felon in Possession of Firearm – Constructive Possession Not Proven
Nov 15, 2011
In May, 2007, Costa Mesa Police learned that Reno Sifuentes, a convicted felon, was renting a room in a Santa Ana motel. The motel was notorious for drug dealing and prostitution on its premises. Since...
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