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Archives - July 2008

30
Jul

PERMISSIBLE SCOPE OF CHARACTER EVIDENCE IN REBUTTAL EVIDENCE IN PENALTY

This case is extremely long, with more prosecutorial misconduct (shocking!), judicial limitations on defense evidence, and juror misconduct than in any cases we have seen for a long, long while. Let’s focus, however, on the permissible scope of character evidence by the DA rebutting your character evidence. The Supreme Court says that if you present …

29
Jul

DEATH PENALTY REVERSED WHEN JUROR WAS WRONGFULLY KICKED OFF JURY

In this California death penalty case, the California Supreme Court affirm the guilty verdict in this death appeal, but did reverse the penalty verdict. The trial judge kicked off the holdout juror, the only African-American on the jury. Under Cleveland (25 Cal.4th 466), a juror can be excused only on a showing of a demonstrable …

25
Jul

DISMISSALS FOR VIOLATION OF SPEEDY TRIAL BEFORE THE END OF THE LAST DAY

DISMISSALS FOR VIOLATION OF SPEEDY TRIAL BEFORE THE END OF THE LAST DAY On the last day for trial in these misdemeanor cases, there just wasn’t any court to send them to, so the judge dismissed them. The DA appealed. The Appellate Division affirms the dismissal, rejecting a slew of DA nonsense. They say that …

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