888.909.7896

Archives - November 2008

28
Nov

ARANDA/BRUTON, CONSCIOUSNESS OF GUILT, AND CRAWFORD

ARANDA/BRUTON, CONSCIOUSNESS OF GUILT, AND CRAWFORD There are a bunch of issues in this case. First, Aranda (63 Cal.2d 518) and Bruton (391 U.S. 123) bar use of an out-of-court statement made by a non-testifying co-defendant against another defendant (absent effective redaction). Some of the statements here were redacted. But one wasn’t: the co-defendant’s statement …

26
Nov

UNLAWFUL STOP, DISCOVERY OF A WARRANT, THEN A SEARCH. ILLEGAL? NAW!

UNLAWFUL STOP, DISCOVERY OF A WARRANT, THEN A SEARCH. ILLEGAL? Hold your horses. It’s gonna be a tough ride. Here we go and buckle of for this piece of dribble. FACTS: The police unlawfully stop the defendant. So this is an unlawful traffic stop. It is. There is no question. It’s wrong and it’s illegal. …

23
Nov

PROSECUTORIAL MISCONDUCT DURING VOIR DIRE

PROSECUTORIAL MISCONDUCT DURING VOIR DIRE During voir dire, the DA in this case told the prospective jurors some stories about other rape trials that the DA handled, and things the jurors in those cases told him, as a way to tell this panel that they should just convict and shouldn’t be bothered with trivial or …

close