The Third District Court of Appeal held in People v. Raybon (June 11, 2019) __ Cal.App.5th __ [2019 Cal.App. LEXIS 532] (Sacramento County), that upon enactment of H&S § 11362.1, legalizing the possession of recreational marijuana by persons…
The California Supreme Court held some 25 years ago that in limited circumstances, a court is empowered to seal a search warrant and/or any attached affidavits pending later court hearings. (See People v. Hobbs (1994) 7 Cal.4th 948.) The net…
Habeas Review and Miranda
Robert C. Phillips
Deputy District Attorney (Ret)
June, 2019
One of the procedural tactics available to a defendant convicted of criminal violations in state court is a federal…
The federal Sixth Circuit Court of Appeal (in the State of Michigan) ruled in a recent case that for a parking enforcement officer to apply a chalk mark to the tire of a parked car, and then return later and find that the vehicle had not been…
Robert Phillips, a retired state criminal prosecutor of over 29½ years’ experience, and a former police officer, has been researching and writing legal briefs for decades. For the last sixteen years, Mr. Phillips has been focused on reviewing…
California voters have twice voted to continue the use of the death penalty; in 2012 and again in 2016 (Prop. 66). Shortly after being elected Governor of the State of California, and after making campaign promises that despite his misgivings…
In the last California Legal Update (Vol. 24, #2, Jan. 23, 2019), I briefed the federal district court opinion of In re Search of a Residence in Oakland (N.D. Cal. Jan. 10, 2019) __ F.Supp.3rd __ [2019 U.S. Dist. LEXIS 5055], emphasizing a…
