In This Important New Appellate Ruling, Marijuana Processing That Causes a Fire Can Qualify as Arson
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…
Death Penalty Case Rules on Photo Lineups, IDs, Miranda, Sixth Amendment, Speedy Trial, Racial Justice
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…
Court Ruling: Stalking Includes Indirect Threats Through Intermediaries, Upholding Victim Protections
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…
Gunpoint Kidnapping in AT&T Store: Court Confirms Substantial Movement; Conflicts in Rulings Persist
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…
Ninth Circuit Rules Police K-9 Use Constituted Excessive Force in Case of Unarmed Suspect's Surrender
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…