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Archives - January 2010

28
Jan

CALIFORNIA CRIMINAL LAW: USING A NICKNAME FROM A HORROR MOVIE CAN GET YOU IN TROUBLE

In this recent case, the deputy district attorney was permitted to elicit the defendant’s nickname, “Chucky,” – the doll from the horror movie who comes to life and slashes people – and then to argue all about the horror movie. No problem, says this California Court of Appeal. The defendant intended the nickname to be …

27
Jan

MURDER DEFENSE – IMPERFECT SELF DEFENSE

Imperfect self defense (which only applies if there is actual but unreasonable belief in the need for self defense) reduces a murder to a manslaughter. (Flannel, 25 C3d 668.) But what, exactly has to be unreasonable? The CALCRIM on imperfect self defense for an actual killing (571) says that imperfect self defense applies if EITHER …

26
Jan

CALIFORNIA CRIMINAL DEFENSE: U.S. SUPREME COURT REVERSES VIRGINIA SUPREME COURT ON MELENDEZ-TYPE CONFRONTATION CASE

BRISCOE V. VIRGINIA Decided: 1/25/10 No. 07-11191 Full Text: http://www.supremecourtus.gov/opinions/09pdf/07-11191.pdf CONFRONTATION CLAUSE (Signed certificates prepared by forensic analysts are testimonial for purposes of the Confrontation Clause) The United States Supreme Court issued a per curiam decision vacating the judgment of the Supreme Court of Virginia and remanding the case for further proceedings consistent with its …

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