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Archives - August 2010

6
Aug

SAN FRANCISCO DA LOSES SLEAZY BID TO RECUSE JUDGE (CALIFORNIA CRIMINAL DEFENSE)

Jaxon Van Derbeken, Chronicle Staff Writer San Francisco Chronicle August 6, 2010 04:00 AM Copyright San Francisco Chronicle. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Friday, August 6, 2010 Mike Kepka / The Chronicle District Attorney Kamala Harris’ office accused the judge of a conflict of interest. An independent …

6
Aug

WHAT DOES PRESUMED PREJUDICE MEAN? (Criminal Defense Lawyer Mary Prevost)

A lengthy pre-filing delay, say a year or so, triggers presumed prejudice under Serna (40 Cal.3d 239). But what does that mean? In Alvarado (60 Cal.App.4th Supp. 1), the LA Appellate Division said a long delay triggers a hearing, but doesn’t mean prejudice is presumed; you have to show actual prejudice to have that factor …

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