Booking Questions & Miranda
Robert C. Phillips
Deputy District Attorney (Ret.)
October, 2021
Some four years ago, the Fourth District Court of Appeal (Div. 2) seemingly resolved an often-debated issue…
Use of Deadly Force by Police Officers: AB 391, 392
R.C. Phillips, DDA (Ret)
October, 0201
P.C. § 196 (Amended; Effective 1/1/2020): Homicide is justifiable when committed by peace officers and those acting by their command…
Trespass Statutes
RC Phillips, DDA, Ret.
October, 2021
§ 602. Trespasses; What acts included; Punishment
Except as provided in subdivision (u), subdivision (v), subdivision (x), and Section 602.8, every person who…
Collection and Use of DNA Evidence: I’m sometimes asked about when DNA is lawfully collected in one case, are we able to use it later in the investigation and prosecution of a second, unrelated case? My response has always been; “I don’t know…
By Robert Wexler, Rocky Lucia, Mike Rains and Timothy Talbot of the law firm Rains Lucia Stern St. Phalle & Silver, PC.
As many of you are aware, the California Legislature has been debating Senate Bill 2, known as the Kenneth Ross Jr…
Paying Bad People to Be Good: Okay, I’ve heard it all now. In the September 6, 2021, edition of Newsweek Magazine, there is an article that touts a new program initiated by an organization in San Francisco called “The Dream Keeper Fellowship (…
Mental Competency Issues as Related to a Defendant’s Right to Represent Himself and to Stand Trial: In a complicated double homicide capital case in which the California Supreme Court reversed both the guilt and penalty verdicts, and with which…
Pre-Trial Diversion Programs
Robert C. Phillips
DDA (Ret.)
September, 2021
Pen. Code §§ 1001.35 (New; Effective 6/27/18) & 1001.36 (New; Effective 6/27/18; and Amended; 1/1/2019 & 1/1/2020); Diversion of…
