Sex Crime- Defendant Has Right at Trial to Present Evidence of Alleged Victim’s Prior False Sexual A
Feb 12, 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. Prosecutors...
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Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering Challenges
Feb 11, 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 provided ...
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What Is An Arraignment?
Feb 08, 2013
An arraignment is a criminal proceeding where the defendant is called before a court, informed of the charges, and asked to enter a plea.If you have never been arrested, you might not understand the po...
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Court Violates Murder Defendant’s Right to Cross-Examine Expert By Admitting Opinion Without Expert Testifying
Feb 07, 2013
The Sixth Amendment to the U.S. Constitution, made applicable to each of the states through the Fourteenth Amendment, contains what is commonly known as the Confrontation Clause. This says that [i]n al...
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Conviction Upheld for Possession of an Assault Weapon Although AK-47 Disassembled
Feb 06, 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., does not...
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Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was A Penal Code § 290 Registrant
Feb 05, 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 at t...
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Second-Time DUI Offender’s Prison Sentence Upheld on Appeal
Feb 04, 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 specif...
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Conviction for Murder of Cop Reconsidered for DA Withholding Evidence
Feb 01, 2013
Jesse Gonzalez was convicted of first degree murder with special circumstances for killing a police officer on duty. The conviction arose after he used a shotgun when Los Angeles Sheriffs Departme...
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The Police Stole My Marijuana- Will My Homeowner’s Insurance Pay Me for My Loss?
Jan 31, 2013
Greg Bennett had a homeowners policy through State Farm that insured him for losses arising from theft of his property at his residence. The policy also covered theft of trees, shrubs and plants o...
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What Are the Defenses to Possession of Child Pornography (Penal Code § 311)?
Jan 30, 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 investigated...
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