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Archives - September 2007

30
Sep

CALIFORNIA ASSAULT CONVICTION REVERSED BECAUSE DEFENDANT MAY HAVE ACTED IN SELF DEFENSE

[No. H030005. Sixth Dist. Sep. 28, 2007.] THE PEOPLE, Plaintiff and Respondent, v. LEONARD JOHN ROSS II, Defendant and Appellant. Superior Court of Santa Clara County, No. FF406975, Hugh F. Mullin, III, Judge.) Maria Antonia Speiser and defendant Leonard John Ross II engaged in a hostile verbal exchange, at the culmination of which she slapped …

29
Sep

IS A VIOLATION OF STATE LAW ALSO A FOURTH AMENDMENT VIOLATION?

The question here is: Is a violation of state law also a Fourth Amendment violation? The United States Supreme Court has granted cert in Virginia v. Moore (06-1082) on whether or not a violation of state law is a Fourth Amendment violation. This is an issue of first impression, and it involves tension between Knowles …

28
Sep

NINTH CIRCUIT RULES THAT A HALFWAY HOUSE IS NOT IMPRISONMENT

U.S. v. Sullivan, No. 06-30546 (9-28-07). The question here is: Is a halfway house considered prison, or not? The Federal Bureau of Prisons here said “no.” So have other federal agencies, and other federal circuit courts of appeal. So, why does it matter? The defendant here, tested dirty for pot in Montana while he was …

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