An NFL star’s 2020 rape conviction was overturned after an appeals court ruled in January that the prosecutor’s arguments to the jury violated the state’s RJA, meant “to eliminate racial bias from California’s criminal justice system.”
Scenario: Suspect threatens victims with an unloaded gun. Can you charge 245? As usual with the law, the answer is: it depends. A new appeals court ruling discusses how even an unloaded firearm can yield an ADW charge, depending on several factors, including how readily available the ammunition is.
There are lots of moving parts during a traffic stop, and the courts continue to weigh in on the details of what passes legal muster. In this case, an appeals court reverses the trial court on whether a driver pulled over for rolling through a stop sign was reasonably ordered out of his vehicle.
The Ninth Circuit rules that deputies violated the Fourth Amendment when they entered the curtilage of a home without a warrant. The court reversed the conviction of one co-defendant but upheld the conviction of another, a parolee who didn’t live at the home and thus had no standing. Here’s what you need to know.
In Williams v. City of Sparks, the Ninth Circuit ruled police officers’ use of deadly force during a high-speed chase was reasonable under the Fourth Amendment. The court also dismissed municipal liability claims, finding no constitutional violations. The decision emphasizes officer discretion in rapid, dangerous situations.
A defendant convicted of manufacturing a controlled substance and arson argued that he did not act with malicious intent to burn down his home. The court looked at intent related to arson and whether malice can be presumed from the intentional conduct in the drug manufacturing process. You need to know the distinctions.
A Santa Barbara death penalty case appealed to the state Supreme Court elicits discussion on a multitude of critical legal issues, including permissible photo lineups and live identifications, speedy trial issues after defense counsel seeks repeated delays, and a defendant’s right to testify in his own defense.
The 2DCA affirmed that stalking laws apply even when threats are communicated indirectly through third parties. The case involved a defendant convicted for sending threatening messages to the victim's family, highlighting the need for comprehensive protections for stalking victims. This ruling emphasizes the seriousness of ...
In a dramatic robbery at a Camarillo AT&T store, defendants forced employees at gunpoint into a secluded vault room to load stolen goods. The court upheld a kidnapping conviction, asserting that the 40-foot movement of victims significantly increased their risk of harm. Conflicts among courts over the definition of ...
In the case of Rosenbaum v. City of San Jose, the Ninth Circuit ruled that police officers violated the Fourth Amendment by allowing a K-9 to continue biting an unarmed suspect who had surrendered. The court found that video evidence supported the plaintiff’s claim of excessive force. This case emphasizes the legal limits on..
