Use of Deadly Force by Police Officers: AB 391, 392
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 in their aid and…
DNA Collected in One Case but Used in a Different Case
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. …
Qualified Immunity & Police Licensing: Understanding SB 2
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. Police…
A Criminal Defendant’s Mental Competence to Stand Trial and to Represent Himself
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
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 Individuals with Mental Disorders:…
Marijuana in Prisons and Jails
Marijuana in Prisons and Jails: In November, 2016—perhaps in an attempt to numb themselves to the reality of what is happening to the once “Golden State”—California’s voters approved via Proposition 64 the so-called “Control, Regulate and Tax Adult…
DUI Diversion - Update in the law
Driving Under the Influence defendants are entitled to California’s misdemeanant diversion program, per Pen. Code § 1001.95.
Diversion for DUI Defendant (Part II): No sooner were we told that “Driving Under the Influence” defendants (i.e. “DUI,”…
Misdemeanor DUI defendants are not entitled to diversion under Veh. Code § 1001.95.
Diversion for DUI Defendants: The Appellate Division of the Superior Court of Los Angeles County has published a decision holding that defendants charged with “Driving Under the Influence” (i.e., “DUI,” per Veh. Code § 23152(a)) are not entitled to…
Medical and Recreational Cannabis: A Legal Update
Medical and Recreational Cannabis: A Legal Update
August, 2021
Robert C. Phillips
Deputy District Attorney (Ret.)
Significant Legislation/Voter Initiatives:
November 6, 1996: The “Compassionate Use Act of 1996” (“CUA,” Proposition 215; H&S…
Constitutionally Protected Expressive Activity & the First Amendment: “Who Ya Gonna Call?”
NOTE: THIS HAS BEEN UPDATED. PLEASE CLICK ON THIS LINK FOR THE MOST CURRENT UPDATE ON THIS SUBJECT.
Constitutionally Protected Expressive Activity & the First Amendment:
“Who Ya Gonna Call?”
Robert C. Phillips
Deputy District Attorney (…
