Anti-SLAPP RC Phillips, DDA (Ret.) October, 2021 In 2019, California’s appellate courts issued 42 published opinions interpreting the state’s anti-SLAPP statute. Cal. Civ. Proc. § 425.16 et. seq. Litigants filed at least 435 anti-SLAPP motions in…

Intoxication Evidence RC Phillips, DDA (Ret) October, 2021 I.  Relevant Penal Code Statutes      Penal Code section 29.4  (former Penal Code section 22, amended)      (a) No act committed by a person while in a state of voluntary intoxication is…

Police Officers’ First Amendment Rights RC Phillips, DDA (Ret.) October, 2021 Moser v. City of Las Vegas (Jan. 12, 2021) 984 F.3rd 900 McAuliffe vs. City of New Bedford (1892) 155 Mass. 216 A policeman did not have a constitutional right to his job…

JURISDICTION and VENUE RC Phillips, DDA (Ret.) October, 2021 This P&A explains the distinction between jurisdiction and venue; discusses statutory venue requirements; and reviews the procedures for a defense objection to venue and the People’s…

Police Officers Negotiating Traffic Citation Plea Deals RC Phillips, DDA (Ret.) October, 2021 It has recently come to light that police officers, subpoenaed into court on traffic citation trials, are being approached by defense attorneys in the…

Gang Injunctions RC Phillips, DDA (Ret.) October, 2021 Los Angeles must change use of gang injunctions under court settlement [Los Angeles Times] Los Angeles police and prosecutors can no longer blanket entire areas of the city with gang injunctions…

Proposition 64 RC Phillips, DDA (Ret.) October, 2021 1.  Overview Proposition 64 has made marijuana regulation under California law look a lot like alcohol regulation.  Effective immediately, adults over 21 can possess up to an ounce of marijuana or…

The FACE Act RC Phillips, DDA (Ret.) October, 2021 Pen. Code § 423. Citation of title This title shall be known and may be cited as the California Freedom of Access to Clinic and Church Entrances Act, or the California FACE Act. Notes Note  Stats…

Bail; SB10 RC Phillips, DDA, Ret. October, 2021 On August 28, 2018, Governor Brown signed SB 10, which repeals California’s existing cash bail system and replaces it with a new law that assesses the risk level of the individual in order to determine…

Estes Robbery RC Phillips, DDA (Ret.) October, 2021 This P&A examines two areas of robbery.       1)  First, what is a “special relationship” for purposes of constructive possession?  The P&A looks at takeover robberies at businesses as…