Court May Not Involuntarily Commit a Mentally Retarded Person Without A Showing That Violence is Related to Retardation
May 23, 2013
On March 15, 2011, the Santa Clara County District Attorney filed a petition under Welfare Institutions Code 6500, asking the court to commit Ronald Cuevas to involuntary treatment at California...
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Defendant’s 6th Amendment Right to Cross-Examination Not Violated When Confidential Informant Test
May 22, 2013
The Sixth Amendment of the U.S. Constitution grants a criminal defendant the right to be confronted with the witnesses against him. This right includes the right to physically face those who testi...
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Sex Crime- Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Sexual Assault Claims
May 22, 2013
It is often true in sex crime cases that the person on trial is often not defendant, but the victim. This can have the effect of discouraging a victim from coming forward to report a crime. Prosec...
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Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges
May 22, 2013
About four months ago, California voters approved Proposition 36 (Prop 36) to amend the provisions of the states Three Strikes Law (Penal Code 667(b) to (j) and 1170.12). The amendment also prov...
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Conviction Upheld for Possession of an Assault Weapon Although AK-47 Disassembled
May 21, 2013
The Robert-Roos Assault Weapons Control Act of 1989 punishes persons who manufacture or possess an assault weapon, including a semiautomatic rifle. The statute, at Penal Code 30500, et. seq., doe...
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Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was A Penal Code § 290 Registrant
May 21, 2013
Under California Penal Code 290, a person who is convicted of specified sex offenses must register with local police on an annual basis and notify local law enforcement of any change in residence...
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Second-Time DUI Offender’s Prison Sentence Upheld On Appeal
May 21, 2013
Recently, Governor Jerry Brown announced that he would ask that federal oversight of California prisons end. He stated that prison conditions had dramatically improved. The rhetoric was short on s...
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What Are the Defenses to Possession of Child Pornography (Penal Code § 311)?
May 20, 2013
We have all read about it in the paper. Peter Frampton was arrested for possession of child pornography. NBA basketball play Chris The Birdman Andersen, formerly of the Denver Nuggets, was investi...
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17 Year Old May Be Charged As An Adult With Federal Second Degree Murder Based on Lay Testimo
May 20, 2013
Under the Federal Juvenile Delinquency Act, 8 U.S.C. 5032, a federal district court may transfer a juvenile proceeding for adult prosecution when the juvenile is fifteen years old or older and is...
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Unruly Defendant Removed From Courtroom Is Not Entitled to Have Audio or Video Feed to Hear or See Continued Testimony in Trial
May 20, 2013
In June, 2011, Torrance Judge James Brandlin removed Defendant Carlton Mayham from his courtroom during trial after Mayham repeatedly yelled, You are all trying to f..k me over! The outbursts cont...
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