CA Appellate Courts in Conflict over "Creative Expression " -Fourth DCA rejects retroactive application of 352.2 E.C.

By: Ray Hill, Professor Emeritus, Santa Rosa Junior College 

Special Attention: Judicial Officers, Prosecutors, Private Counsel and Law Enforcement Investigators.

Evidence Code Section 352.2 Requiring a Magistrate to Weigh the Proof…

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The Premeditation Element of Burglary Cannot Be Presumed

The Premeditation Element of Burglary Cannot Be Presumed (Peo. v. Myles (2023) 4DCA, 2023 WL 2607483, 2023 Cal. App. Lexis 214). 
By: Ray Hill, Professor Emeritus, Santa Rosa Junior College 

This case is not the biggest burglary in…

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Are people allowed to "livestream" their contacts with Law Enforcement?

By Robert Phillips, Deputy District Attorney (Ret).

A person “livestreaming” a citizen-police contact raises the same First Amendment issues as does simply videotaping that same contact.

The majority of the federal Circuit Courts of…

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Expressive Honking and Veh. Code § 27001

Expressive Honking and Veh. Code § 27001: Unnecessarily honking one’s car horn is a violation of V.C. § 27001, even when done for the purpose of expressing a political or social viewpoint.

By Robert Phillips, Deputy District Attorney (Ret…

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The Hearsay Evidence Rule – Spontaneous Statements

 

From the Classroom
By: Ray Hill, Professor Emeritus, Santa Rosa J.C.

The Hearsay Evidence Rule – Spontaneous Statements

This is the seventh in a series of bulletins covering the…

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The Hearsay Evidence Rule – Admission and Confessions

From the Classroom
By: Ray Hill, Professor Emeritus, Santa Rosa J.C. 

    The Hearsay Evidence Rule – Admission and Confessions 

This is the sixth in a series of bulletins covering the California Evidence Code and criminal…

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Some Safety features of California’s Unsafe Handgun Act violate the Second Amendment

Second Amendment Right to Bear Arms
Some Safety features of California’s Unsafe Handgun Act violate the Second Amendment.
By Robert Phillips, Deputy District Attorney (Ret).

Last year, the United States Supreme Court decided…

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