Recent Blog Posts

Carjacking/assault suspect arrested at border

Unfortunately bad things can happen to good people. My heart goes out to this unsuspecting 57 year old Chula Vista woman who innocently became an acquaintance with and befriended Valdez, who in turn and according to the news accounts betrayed a good citizen and human being.

Missouri v. McNeely

“On September 25, 2012, the United States Supreme Court in the case of Missouri v. McNeely, (Case No. 11-1425) granted a Writ of Certiorari and will likely decide early next year in their scheduled 2012-2013 docket whether a law enforcement officer must first get a warrant before taking a blood sample from a suspected … Read More

State Supreme Court Denies Latest Appeal by Man Convicted of Murdering Three Boys

“This August 30, 2012 article described a Petition for a Writ of Habeas Corpus filed by a death row inmate for the murder of three young boys in the summer of 1975. The California Supreme Court unanimously denied the appeal, noting the 521 page Petition is an example of the abusive practice by prisoners and/or … Read More

Barnes v. State of Indiana

“In the case of BARNES vs. STATE OF INDIANA, the Indiana Supreme Court on May 12, 2011, held there is no right to unreasonably resist an unlawful entry by law enforcement officers. The Court argued public policy favors rejecting the fundamental and 300 years of precedent English common-law right to be safe and secure in … Read More

J.D.B. v. North Carolina

On June 16, 2011, the U.S. Supreme Court in the landmark case of J.D.B. v. North Carolina, Case # 09-111121, held police must consider age and school setting when questioning a child and, therefore, whether they are required to give a Miranda warning. This case involved a thirteen year old seventh grade special education student … Read More

Smith v. Cain

In the case of SMITH v. CAIN, the U.S. Supreme Court on January 10, 2012 (Case #10-8145), reversed the Decision of the Louisiana State Trial Court, which erroneously convicted the defendant of first-degree murder based upon the testimony of a single witness. At trial, the only witness to link the defendant to the crime untruthfully claimed he was … Read More

Perry v. New Hampshire

In the case of PERRY v. NEW HAMPSHIRE, the U.S. Supreme Court on January 11, 2012 (Case #10-8974, affirmed the Decision of the New Hampshire State Supreme Court, holding eyewitness identification that was not procured by unnecessarily suggestive circumstances by law enforcement is not a violation of Due Process and, therefore, cannot be held inadmissible in court. … Read More

People v. Nelson

The California Supreme Court in the case of People v. Nelson, (#S181611, 01/12/2012),, held the custodial written confession of the defendant, a 15 year old who was tried as an adult, was properly admitted at trial and, therefore, did not invalidate his conviction of the murder of a 72 year old woman and five first … Read More

Maples v. Thomas

The U.S. Supreme Court on January 18, 2012, in the case of MAPLES v. THOMAS, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, (Case #10-63), reversed the U.S. Court of Appeals, For The 11th Circuit. In the underlying trial for murder, the defendant was found guilty and sentenced to death by the Alabama Court. Thereafter, a world-renowned law firm, Sullivan and Cromwell, on … Read More

People v. Jones

In a nine to zero opinion entitled UNITED STATES v. JONES, No. 10-1259, the U.S. Supreme Court, on January 23, 2012, affirmed the U.S. Court of Appeals decision that reversed the U.S. District Court criminal conviction of drug trafficking and conspiracy charges. The Supreme Court confirmed the police conducted a search or seizure within … Read More