Recent Articles

CALIFORNIA CRIMINAL DEFENSE NEWS: 3-STRIKES SENTENCE STRUCK DOWN AS CRUEL AND UNUSUAL PUNISHMENT

December 31, 2008 02:21

The 9th circuit here strikes down a 3-Strikes sentence as being in violation of the cruel and unusual punishment clause! The crime here is failure of a registered sex offender to re-register within 5 days of his birthday. The court...The 9th circuit here strikes down a 3-Strikes sentence as being...

SAN DIEGO CRIMINAL DEFENSE: CONSECUTIVE SENTENCING AND APPRENDI

December 21, 2008 22:46

The U.S. Supreme Court this week heard argument on a case presenting the question of whether Apprendi (530 U.S. 466) applies to consecutive sentences. In Cunningham (549 U.S. 270), the U.S. Supremes held that Apprendi applies to California's upper term...The U.S. Supreme Court this week heard...

SAN DIEGO DUI DEFENSE NEWS: HOW TO AVOID A SAN DIEGO DUI THIS CHRISTMAS

December 21, 2008 22:45

SAN DIEGO DUI DEFENSE ATTORNEY NEWS: San Diego law enforcement will step up San Diego DUI enforcement over the Christmas season. Expect San Diego DUI checkpoints to pop up all over the county. Expect stepped-up San Diego DUI enforcement from...SAN DIEGO DUI DEFENSE ATTORNEY NEWS: San Diego law...

SAN DIEGO CIVIL RIGHTS ATTORNEY MARY FRANCES PREVOST WINS $400,000 SETTLEMENT FOR CLIENT AGAINST CHULA VISTA POLICE OFFICER

October 26, 2008 04:51

By Mark Arner STAFF WRITER July 29, 2008 K.C. ALFRED / Union-Tribune Chula Vista has agreed to pay $400,000 to settle a lawsuit filed by a former senior at Otay Ranch High School. He contended police mistook him for a...By Mark Arner STAFF WRITER July 29, 2008 K.C. ALFRED / Union-Tribune...

POSSESSION OF DRUGS FOR SALE AND CONSPIRACY TO POSSESS DRUGS FOR SALE

October 26, 2008 04:49

In this case, the defendant possessed heroin and methamphetamine in his motel room. The DA charged and got convictions for two counts of drug possession for sale, and two counts of conspiracy to possess those drugs for sale (there was...In this case, the defendant possessed heroin and...

INSUFFICIENT EVIDENCE-GANG MURDER CASE DISMISSED

October 26, 2008 04:37

This is an amazing case. But, alas, it has been granted review, so it's probably not long for this world. Here, the victim showed up at the house where gang guys were hanging out. Someone asked, "where are you from?"...This is an amazing case. But, alas, it has been granted review, so it's...

RECORDING JURY INSTRUCTIONS; CUSTODY FOR POSSESSION; REOPENING JURY

October 26, 2008 04:30

RECORDING JURY INSTRUCTIONS; CUSTODY FOR POSSESSION; REOPENING JURY SELECTION The judge got the parties to stipulate that the court reporter didn't have to write down the jury instructions. It turned out that there were all sorts of problems with the...RECORDING JURY INSTRUCTIONS; CUSTODY FOR...

FAILURE TO ADVISE ON IMMIGRATION CONSEQUENCES DURING THE PLEA

October 26, 2008 04:24

FAILURE TO ADVISE ON IMMIGRATION CONSEQUENCES DURING THE PLEA Penal Code sec. 1016.5 requires trial courts to advise defendants during the taking of a plea about possible immigration consequences. A failure to so advise requires the court to set the...FAILURE TO ADVISE ON IMMIGRATION CONSEQUENCES...

ORANGE COUNTY POLICE OFFICER CHARGED WITH TORTURE

October 01, 2008 21:49

LA SHERIFF'S DEPUTY CHARGED WITH TORTURE, MAYHEM, AND SODOMY FOR ATTACKING WIFE AND HER FRIEND IN IRVINE APARTMENT LEASING OFFICE NEWPORT BEACH - A Los Angeles Sheriff's deputy has been charged with torturing and forcibly sexually assaulting his wife and...LA SHERIFF'S DEPUTY CHARGED WITH TORTURE,...

CALIFORNIA CRIMINAL DEFENSE LAWYER NEWS: SACRAMENTO POLICE OFFICER ARRESTED FOR INDECENT EXPOSURE

September 19, 2008 19:32

Sacramento police officer arrested in Rocklin From Niesha Lofing A Sacramento police officer has posted bail after being arrested in Rocklin this weekend, according to records and police spokesmen. Jeffrey Wayne McKay, 34, of Rocklin, was arrested by Rocklin police...Sacramento police officer...