Well, you don’t see this every day. A DA investigator pummeled a defense attorney, in court, fracturing a facial bone. The investigator was a former police officer who made $206,000 the prior year. Not surprisingly, he was not arrested. There is however, a petition to the Attorney General to have him arrested. You can read […]
On February 26, 2016, the Sixth District decided an appeal that originated in Santa Clara County. Defendant drove away from a gathering at which he and his passengers had been drinking. A passenger testified that after visiting a liquor store, defendant began to “drive crazy,” ultimately causing the vehicle to flip. Three passengers fled the […]
On March 3, 2016, a Ninth Circuit panel reversed a district court’s denial of a motion to suppress evidence obtained as a result of warrantless, suspicionless searches of the defendant’s cell phone, and remanded for further proceedings. The panel noted that a probationer’s acceptance of a search term in a probation agreement does not by […]
On March 2, 2016, the California Court of Appeal for the Second District decided People v. Gutierrez. It held that where a defendnat is on PRCS, and the nature of an alleged violation is non violent drug possession, Penal Code section 1210.1 applies and the person should be referred to drug treatment rather than jail. […]
On March 1, 2016, the first district court of appeal held in People v. Foy that the 6th Amendment’s confrontation clause was violated when a videotaped conditional examination was admitted at trial without a sufficient showing that the witness was available. The conditional examination testimony was admitted in a first trial without objection, as the […]
If you’re interested in learning more about the intersection of criminal and immigration law, I highly recommend starting by attending this seminar. http://www.ilrc.org/trainings-webinars/seminars/crimes-immigration-san-francisco