Using the Wrong Pronoun at Trial and Prosecutorial Misconduct (Special Attention Prosecutors)
November 29, 2022
Robert Phillips
A prosecutor’s failure to use the pronoun with which a defendant chooses to identify (i.e., “misgendering”) constitutes prosecutorial misconduct. First District Court of Appeal Court issued a stern warning to all prosecutors as well as trial court judges. Specifically, the Court “emphasize(d) that (they) do not condone the prosecutor’s repeated misgendering of the Defendant in this case. Moreover, (the Court) note(d) (that) trial courts have an obligation to ensure litigants and attorneys are treated with respect, courtesy, and dignity—including the use of preferred pronouns
Except for Vehicle Code violations, citizen contact quotas are not illegal in California even though probably not a good idea. I’ve recently heard rumors concerning various California law enforcement agencies imposing upon their patrol and traffic officers a requirement that they conduct a minimum number per shift of what might best be termed as “contacts” (or “citizen contacts”) with individuals on the street.
George Gascón’s “Special Directives” as they relate to the pleading and proving of sentencing enhancements and allegations are illegal and unenforceable.
June 5, 2022
Robert Phillips
By Robert Phillips, Deputy District Attorney (Ret).
It’s not much of a secret that the City of San Francisco has over the years developed some serious social issues, what with open drug dealing and general homeles
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