Court Must Hold Evidentiary Hearing For Potential Brady Violation If Witheld Evidence Conflicts With Prosecution’s Theory At Trial
Court Must Hold Evidentiary Hearing For Potential Brady Violation If Witheld Evidence Conflicts With Prosecution’s Theory At Trial On November 5, 2009, in Williams v. Ryan, the Ninth Circuit Court of Appeals held that a defendant who is convicted after the prosecution’s suppression of material exculpatory evidence must have an in-court evidentiary hearing to determine whether the defendant requires a new trial. In 1992, appellant Aryon Williams was charged with…
Read MoreMentally Ill Defendants Face Long Waiting Times For Treatment – California Penal Code 1370(A)
Mentally Ill Defendants Face Long Waiting Times For Treatment – California Penal Code 1370(A) An accused robber and schizophrenic, Van McDuffie, was found incompetent to stand trial and was ordered released from jail so he could check into a mental hospital. Six months later, McDuffie remained in solitary confinement, waiting for a space to open up at a mental hospital. He was not being medicated. In June 2010, over 200…
Read MoreOrange County Agrees To House Immigration Detainees At Two County Jails
Orange County Agrees To House Immigration Detainees At Two County Jails On July 20, 2010, the Orange County Board of Supervisors approved a “Beds for Feds” deal with the federal government to allow Immigration and Customs Enforcement (ICE) detainees to be held in two county jails. Orange County agreed to rent a total of 838 beds at Theo Lacy Jail in Orange and James A. Musick detention facility in Irvine.…
Read MoreMiranda Warnings: What Is It And When Should Police Give Them?
Miranda Warnings: What Is It And When Should Police Give Them? Miranda Warnings are given by law enforcement to a criminal suspect in police custody, or custodial situation, prior to being questioned by the officers. A custodial situation is one where a person’s freedom of movement is restrained and a reasonable person would not feel free to leave the situation. Some times officers will indicate to the suspect that he is…
Read MoreThe Difference Between A Guilty Plea And A No Contest Plea
The Difference Between A Guilty Plea And A No Contest Plea Which is better, a guilty plea or a no contest plea? A defendant usually enters a plea of no contest when he or she is not guilty OR is guilty but does not want to admit guilt; in either case the defendant does not want to go to trial, which makes the plea a no contest plea. For the…
Read MoreWhat You Need To Know About Public Defenders and How an Experienced Southern California Defense Attorney Can Help You
What You Need To Know About Public Defenders and How an Experienced Southern California Defense Attorney Can Help You If a person accused of a crime is without funds to hire a lawyer, the court may grant the accused the assistance of a Public Defender. A Public Defender is an attorney employed by the government to represent those accused of crimes who cannot afford an attorney. Most people have a…
Read MoreActor Charlie Sheen Pleads “Not Guilty” to Domestic Violence Charges Including Assault – California Penal Code Section 240
Actor Charlie Sheen Pleads "Not Guilty" to Domestic Violence Charges Including Assault - California Penal Code Section 240 Charlie Sheen, star of the CBS sitcom Two and a Half Men, recently pleaded not guilty to domestic violence charges in Aspen, Colorado, stemming from a Christmas Day incident there with his wife. Sheen’s wife had reportedly called police to say the actor was threatening to kill her with a knife. The…
Read MoreWhat is the Difference Between an Appeal and a Writ of Habeas Corpus?
What is the Difference Between an Appeal and a Writ of Habeas Corpus? If you have a loved one that has been convicted of a crime in California, you may be wondering how you can overturn the conviction and continue fighting your family member’s case. You have probably heard that you can appeal the conviction or that you can file a petition for a writ of habeas corpus. You might…
Read MoreShould I Hire an Attorney or Represent Myself?
We have many choices in life but when it comes to criminal defense, divorce, family law, custody of the children, and child support, the choice you make about representation can be the difference in winning and losing your case. Hiring an experienced attorney can provide you the valuable advice needed from a professional that can make all the difference in the world. One way to find out if an office…
Read MoreDefendant’s Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define “Beyond a Reasonable Doubt” by Using a Jigsaw Puzzle
Defendant's Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define "Beyond a Reasonable Doubt" by Using a Jigsaw Puzzle A recent California Court of Appeal decision, People v. Katzenberger, held that there was prosecutorial misconduct when the prosecutor used an incomplete jigsaw puzzle to show how ‘beyond a reasonable doubt’ works. The prosecution’s Power Point presentation consisted of eight puzzle pieces forming a picture of…
Read More