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Archives - December 2008

31
Dec

CALIFORNIA CRIMINAL DEFENSE NEWS: 3-STRIKES SENTENCE STRUCK DOWN AS CRUEL AND UNUSUAL PUNISHMENT

The 9th circuit here strikes down a 3-Strikes sentence as being in violation of the cruel and unusual punishment clause! The crime here is failure of a registered sex offender to re-register within 5 days of his birthday. The court stresses that the defendant had been registering, hadn’t moved, and the police knew where he …

27
Dec

WHAT HAPPENS WHEN YOUR TRIAL ATTORNEY RESIGNS FROM THE STATE BAR DURING YOUR TRIAL?

Here’s how you can tell that you’re having a bad day. You’re on trial for ADW and beating up your girlfriend. On day 3 of trial your attorney resigns from the state bar, to avoid being disbarred. You get convicted with a strike prior and get 8 years in prison. Not a good day. Hey, …

23
Dec

POSSESSING MANY ITEMS OF CHILD PORN; HOW MANY COUNTS?

The defendent here possessed 46 items of child porn in 38 “containers” (disks, tapes, hard drives, etc.). So of course the DA filed 46 counts of PC 311.11, possession of child porn. The Court of Appeal says that this is only one count, not 46. The fact that there were different containers doesn’t matter. People …

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