Unlawful Assembly, Rout, and Riot:
Unlawful Assembly, Rout, and Riot:
Penal Code §§ 404 et seq.
R.C. Phillips
May, 2021
Stopping a problem early with individual arrests for disturbing the peace, despite its constitutional restrictions, is still preferable (at least from…
California's Bail System
In the recent California Supreme Court case of In re Humphrey (Mar. 25, 2021) 11 Cal.5th 135, a unanimous Court determined that California’s bail system, as currently set up, violates the California Constitution. Specifically, the Court found a…
Second Amendment Update; Open Carry of Firearms
In a lengthy (127-page) split (7-to-4) opinion, an en banc (11 justice) panel of the Ninth Circuit Court of Appeals reversed its earlier three-judge opinion (at 896 F.3rd 1044 [9th Cir. July 24, 2018]; see California Legal Update, Vol. 23 #9, July…
A Primer on Prosecutorial Ethics, Brady v. Maryland, and Beyond
A Primer on Prosecutorial Ethics, Brady v. Maryland, and Beyond
Robert C. Phillips
DDA (Ret.)
April, 2021
“(A prosecutor) . . . is not a neutral, he is an advocate; but an advocate for a client whose business is not merely to prevail…
The Prosecution of 14- and 15-Year-Old Minors and SB 1391: Proposition 57
The Prosecution of 14- and 15-Year-Old Minors and SB 1391: Proposition 57, enacted by the voters in November of 2016, amended Welf. & Insti. Code §§ 602 and 707, requiring prosecutors to commence all cases involving minors in Juvenile Court, but…
Freedom of Speech and Social Media – The First Amendment for Public Employees
By Zachery A. Lopes
About the author: Zachery A. Lopes is a senior associate with the Rains Lucia Stern St. Phalle & Silver, PC (“RLS”) Collective Bargaining and Litigation Practice Groups. He also represents clients in legal defense matters and…
Red Flag Statutes Gun Violence Restraining Orders
Red Flag Statutes
Gun Violence Restraining Orders
R.C. Phillips
March, 2021
P.C. § 18100: Purpose of the Order:
(a) A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having…
Sixth Amendment Right to an Attorney and Confrontation
Sixth Amendment Right to an Attorney and Confrontation
Legal Update
March, 2021
Robert C. Phillips
Deputy District Attorney (Ret.)
Contents: This Outline contains Sixth Amendment law under five distinct categories:
Right to Counsel
Right to…
Bail and In re Humphrey
Bail and In re Humphrey
RC Phillips, DDA (Ret.)
October, 2021
In re Humphrey (2018) 19 Cal.App.5th 1006 (review granted May 23, 2018, S247278)
This P&A will summarize the Court of Appeal opinion, issued on January 25, 2018, which impacts bail…
Assault Weapons
Assault Weapons
RC Phillips DDA (Ret.)
October, 2021
In 2020, the California legislature passed Senate Bill 118 expanding the definition of "assault weapon" to include a category of "other assault weapons." Recently, the California Department of…
