Outline of Implementation of AB 1506 / The New Law Dealing with Fatal Shootings of Unarmed Civilians, By Mike Rains About the author:  Mike Rains is the principal founding member at Rains, Lucia, Stern, St. Phalle & Silver, PC ("RLS").   On …

Profanity and the First Amendment: RC Phillips (DDA, Ret.) July, 2021 Some of us were brought up in an atmosphere where the use of profanity was severely frowned upon, some believing that its use merely reflects a lack of intelligence and culture,…

A Prosecutor’s Ethical Obligations as They Relate to Pre-Trial Discovery By Robert C. Phillips Deputy District Attorney, Ret. July, 2021             It goes without saying that a prosecutor does indeed wield significant power.  While the loyalties…

California’s Assault Weapons Ban Overturned:  Federal District Court Judge Roger Benitez, located in San Diego, ruled on June 4th in a 94-page decision that California’s three-decades-old assault weapons ban(P.C. §§ 30500 et seq.) violated the…

The California Supreme Court just published a new case decision telling trial courts to eliminate one of the listed 15 “factors to consider” when instructing a jury on what to consider when determining the validity of an eyewitness’ testimony…

Residential Entries and “Fresh Pursuit”   Robert C. Phillips Deputy District Attorney (Ret.) June, 2021 We previously reviewed the recent United States Supreme Court decision of Stanton v. Sims (2013) 134 S.Ct. 3, where it was held that it is an…

For those of you interested in your Second Amendment rights, the United States Supreme Court just granted certiorari in a case out of New York—a very anti-Second Amendment state—in the case of State Rifle & Pistol Ass'n v. Crolett (Apr. 26, 2021…

PRETRIAL IDENTIFICATIONS May, 2021 DDA Robert C. Phillips (Ret.) Introduction:             The “eyewitness identification” of a criminal suspect by victims and/or witnesses         is almost always an integral and necessary part of any criminal…

MENTAL PATIENTS AND WEAPONS; Plus “Return of Confiscated Firearms” and “California’s Red Flag Statutes”   ROBERT C. PHILLIPS Deputy District Attorney (Ret.)     May, 2021   Introduction: In 1968, the California Legislature passed the “Lanterman-…

THE SAN DIEGO BIOTECHNICAL CONVENTION Legal Tools for Maintaining the Peace Robert C. Phillips Deputy District Attorney May, 2021 Introduction:             Between June 24 and 27, 2001, the City of San Diego will be hosting a convention of delegates…