Constitutional and Statutory Issues Raised by Delays in Criminal Proceedings

For those of you (including me) who have been wondering what the legal effects might be of all the recent delays in criminal court proceedings, given a criminal defendant’s statutory and constitutional rights to a “speedy trial,” the first case…

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Second Amendment, Right to Bear Arms; An Update

For those of you who are concerned about your Second Amendment right to bear arms, several important cases have been in the news lately: Nationally: The U.S. Supreme Court, in N.Y. State Rifle & Pistol Ass’n v. City of N.Y. (Apr. 27, 2020) __…

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Forced Self-Quarantining...

“So (you might ask); does a state have the legal authority to impose self-quarantining and other mandatory exposure-reducing requirements (e.g., “social distancing,” staying home, wearing face masks, etc.) as a means of combating the COVID-19…

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Unanimous Jury Verdicts

The United States Supreme Court, overruling earlier authority to the contrary (see Apodaca v. Oregon (1972) 406 U.S. 404, and Johnson v. Louisiana (1972) 406 U.S. 356.), held late last month in a seriously fractured, split (6-to3) decision, that…

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Is Marijuana Addictive?

As of today, eleven states and the District of Columbia have fully legalized the recreational use of marijuana; more modernly referred to as “cannabis.” California, of course, is among those states. In addition to these 12, twentytwo other states…

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The Insanity Defense

The U.S. Supreme Court ruled last month that the U.S. Constitution’s Due Process Clause does not require states to provide criminal defendants with an insanity defense to criminal liability. (Kahler v. Kansas (Mar. 23, 2020) __U.S.__ [140 S.Ct.…

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Everything You Ever Wanted to Know about Domestic Violence (And Maybe a Little More)

Everything You Ever Wanted to Know about Domestic Violence
(And Maybe a Little More)

Robert C. Phillips
Deputy District Attorney (Ret)
April, 2020

 

In November, 2011, thirty-four year-old Kathy Scharbarth…

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