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Archives - October 2010

21
Oct

CALIFORNIA PROSECUTORIAL MISCONDUCT: PROSECUTOR SENT TO THE STATE BAR

“There is a tactic of advocacy, universally condemned across the nation, commonly known as “The Golden Rule” argument. In its criminal variation, a prosecutor invites the jury to put itself in the victim’s position and imagine what the victim experienced. This is misconduct, because it is a blatant appeal to the jury’s natural sympathy for …

5
Oct

CALIFORNIA CRIMINAL DEFENSE-CHILD MOLESTATION; NO SPECIFIC CHILD NEED BE PLEADED

In People v. Phillips (B221932, Second Dist., 10/5/10) Cal.App.4th, the California Court of Appeal held that there was sufficient evidence to support a conviction for violating Penal Code section 647.6(a)(1) (annoying or molesting a child) even though there was no evidence masturbation was directed at a specific child. The defendant was masturbating in his car, …

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