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Archives - July 2007

29
Jul

SAN DIEGO JUDGE TIM CASSERLY UNVEILED FOR COMMITTING MISCONDUCT AS PROSECUTOR IN SAN DIEGO MURDER CASE

July 24, 2007 Lawyers for a man incarcerated for 16 years for rape and murder say they have uncovered evidence that could exonerate him – evidence that was not turned over at his 1993 trial by a prosecutor who is now a Superior Court judge in Vista, Timothy Casserly. Samson Dubria received the jury’s verdict …

27
Jul

CALIFORNIA CUNNINGHAM CASES – PART DEUX

When I left off, I was discussing the recently decided Black case addressing Cunningham’s application to prior convictions. Onward to Sandoval… SANDOVAL In Sandoval, there are no valid aggravating factors at all to permit imposition of the upper term. So the first question the court resolves is when Cunningham error can be harmless. The court …

27
Jul

TWO NEW CALIFORNIA SUPREME COURT CASES INTERPRET CUNNINGHAM V. CALIFORNIA

On July 19, 2007, the California Supreme Court decided two cases presenting a variety of issues raised by the United States Supreme Court’s opinion in Cunningham v. California (2007) __ U.S. __, 127 S.Ct. 856; 2007 WL 135687; 2007 US Lexis 1324. The United States Supreme Court, 6 to 3, held in Cunningham that the …

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