Must be free to be castrated
So weird. A florida inmate who is a sex offender, no word on what type, requested that a judge allow him to be castrated while he was in custody on a 10 year sentence. The judge denied the request on...
View ArticleHoly Shit! Prosecutors have a brady duty to inspect police personnel files...
AMAZING. Does this mean they now have to inspect any and every personnel file where a police officer is a witness??? INSANE in a great way. The post Holy Shit! Prosecutors have a brady duty to inspect...
View ArticleNice gang enhancement reversal`
Here. Insufficient evidence that D possessed a firearm for promotion of gang activity because he began possessing the gun before he met up with his gang buddies. Excellent. The post Nice gang...
View Articlebook review: the innocent killer
Fast, interesting read. Unfortunately written by a prosecutor so even after D’s DNA exonerates him he still wonders about the guy’s innocence. Basically the story is that D is convicted of an...
View Articlenice lil dui death reversal
prejudicial error for judge to fail to instruct jury that D had already been convicted of manslaughter at retrial for second degree murder because it led jury to erroneously believe that D would go...
View ArticleExcellent reversal of 148, 415 on sufficiency of the evidence
Refusing to talk to an officer who just wants to talk is a ok. Not a 148. Cussing etc is not a 415. Lovely. The post Excellent reversal of 148, 415 on sufficiency of the evidence appeared first on...
View ArticleDear Judge: watch what you say!
During pre instruction a judge accidentally said the defendant pled guilty instead of not guilty. The error was not corrected until deliberations when the jury asked whether they heard the judge...
View ArticleInteresting issue before 9th circuit
D was found guilty for felony murder after the jury found that he shot someone during a robbery. He told the prosecution after the conviction that actually his cousin was the shooter. The state...
View Article9th cir penalty phase reversal
Here. Merry Christmas Mr. Mann! IAC for failing to look into prison records, school records, and medical records from a car accident. Of course D has a brain injury. I swear there are so many people...
View ArticleMcNeely doesn’t apply to consensual blood test
Here. The post McNeely doesn’t apply to consensual blood test appeared first on juicejusticeandcorgis.
View ArticleIf we wanna reverse, we gonna reverse
The Court of Appeal had held that their ruling that there was insufficient evidence of an arson (because a motor home is not a “structure”…does that count for burglary too?) barred a retrial under PC...
View ArticleJudges gone wild!
Interesting judicial disciplinary actions within the last few months… Scott Stuart, Santa Clara County: misdeed: Ex parte conversation with DA post-trial in a misdo about how she did a great job, the...
View ArticleNice parole condition reversal
Even though moot because D was off parole, Court of Appeal held that conditions restricting internet use were vague. Lovely. And enough already with these internet restrictions! The post Nice parole...
View Articleugh
Amazing article in the LA times re so cal police shooting 2000 persons since 2004. WTF? Including one incident where an officer was acquitted for shooting an unarmed man after he told the officer...
View Articlea very justice-y week
Lots of appellate love lately. (1) I previously blogged about the onslaught of cases holding various seemingly violent crimes are not crimes of violence for purposes of federal enhancements. US...
View Article2 death penalty convictions reversed
Sorry for the brief blogging hiatus, which means I have failed to post some very good recent opinions; I will try to update this blog with them. Today there were two great opinions, two death penalty...
View ArticleCACJ’s bills passed/signed
Below are all the great CACJ sponsored/cosponsored crim law bills enacted this year (in addition to the bill making it a felony for prosecutors to withhold Brady): AB 813 (Gonzalez) adds section 1473.7...
View ArticleIAC to fail to file a motion to dismiss for pre-charge delay…in a homicide?!
Well this one comes as a shocker! Motions to dismiss for a violation of a speedy trial right by pre-charge delay are generally losers — ESPECIALLY if the issue is a delay in charging a homicide. Am I...
View ArticleJuveniles who were already resentenced from LWOP to Life can still petition...
Lovely opinion today. Juveniles were given LWOP. After Graham, they were resentenced to life with the possibility of parole. After 1170(d) was passed, which allows juveniles sentenced to LWOP to...
View ArticleSecond victory for juveniles with LWOP sentences today
And another thing. 2nd Dist. COA also held today that when a trial court is going to hold a post-Graham hearing on whether LWOP is appropriate for a juvenile convicted of homicide, they have to make...
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