Novel Defense Theory of the Year

Benjamin Schreiber was convicted in 1997 of murder in an Iowa state court and sentenced to life in prison. (Source: The Rapid City Journal, Nov. 8, 2018; South Dakota.) On March 30, 2015, suffering from an undisclosed ailment, Schreiber was…

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Driving on a Suspended or Revoked License (or Never Had a License), per V.C. § 14601.1 (or V.C. § 12500), and the Community Caretaking Doctrine

In the previous California Legal Update (Vol. 24, #11, Oct. 28, 2019), my brief of a Fourth District Court of Appeal (San Diego) decision, People v. Lee (Oct. 3, 2019) 40 Cal.App.5th 853, brought forth a number of (sometimes) irate (“don’t kill…

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Gun Violence Restraining Orders

In The California Legal Update (Vol. 24, #9; August 30, 2019), I wrote an Administrative Note on “Red Flag Statutes” dealing with the procedures for law enforcement officers and/or “immediate family members” (soon to be expanded to educators,…

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Pen. Code. § 991 -Judicial Determination of Probable Cause in Misdemeanor InCustody Cases

Need-to-know stuff for judges and prosecutors (as well as defense attorneys): Pursuant to paragraph (a) of section 991: “If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a…

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Protecting Our Children From Internet Predators

Protecting Our Children From Internet Predators

Robert C. Phillips
DDA (Ret.)
October, 2019

It is not disputed that our nation’s youth are amongst our most precious assets, to be guided, nurtured, and protected at all…

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SB 192: Repeal of P.C. §§ 150 & 1550; “Posse Comitatus”

P.C. § 150 provides that a uniformed peace officer, or any peace officer described in P.C. §§ 830.1, 830.2(a), (b), (c), (d), (e), or (f), or 830.33(a), has authority to command any “able-bodied” individual over the age of 18 to assist in an…

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