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Archives - August 2012

1
Sep

BEWARE: DUI CHECKPOINTS ARE ALL OVER SAN DIEGO THIS 4TH OF JULY

As is usually the case, the streets will be swarming with cops this labor Day weekend. Expect roving saturation patrols in urban areas like the Gaslamp District and Del Mar Plaza, as well as plenty of DUI checkpoints. If you are arrested, please contact my office at (866) 464-6662. Below is just a sampling of …

1
Sep

FUGGETABOUTIT! FAILING TO GIVE A REASONABLE DOUBT INSTRUCTION – NOT A BIG DEAL SAYS CALIFORNIA SUPREME COURT!

In this strange, strange case, the judge failed to tell the jurors that they could only convict the defendant of the charged gang offense if they found it had been proved beyond a reasonable doubt. The court admits that this is federal constitutional error. But they say that itis not structural error requiring reversal, it’s …

1
Sep

DEATH PENALTY REVERSED BECAUSE OF PROSECUTORIAL MISCONDUCT-SO WHAT ELSE IS NEW

The California Supreme Court here reverses a death verdict on the basis of a Brady (373 U.S. 83) violation at the penalty phase. It seems that the defendant claimed that he killed because the Columbian Mafia had threatened to kill the defendant and his entire family if he didn’t. It turns out that the prosecution …

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