Tag Archives: Criminal Defense
Court of Appeal Recuses Orange County District Attorney’s Office in Murder Case
On November 23, 2016, the Fourth District Court of Appeal affirmed the Superior Court’s Decision recusing the entire District Attorneys Office in Orange County [OCDA] in the penalty phase of a case in which the defendant had previously pled guilty to eight counts of murder. The Superior Court concluded the OCDA had such a severe … Read More
Federal Appeals Court Bars DOJ From Prosecuting Medical Marijuana Cases
On August 16, 2016, a three- judge panel of the 9th Circuit of the United States Court of Appeals (this is the federal appellate court that covers California) ruled against the Federal Government, holding the Department of Justice (DOJ) cannot prosecute marijuana cases when a STATE permits medical marijuana &/or a business or individual is … Read More
Appeals Court Upholds California Death Penalty
On November 12, 2015, the United States 9th Circuit Court of Appeals upheld the constitutionality of the California Death Penalty and in so doing reversed the ruling by the US District Court that decided under the 8th Amendment it was unconstitutional as cruel and unusual punishment because of lengthy and unpredictable delays. The California Attorney … Read More
What To Do If You Get A Call or Letter From The Government?
If you receive a telephone call or a letter from the Government, it is extremely important that you obtain experienced legal counsel at once. It may be possible to “nip it in the bud” during the pre-file and/or investigative stage. This is why it’s so important to seek legal advice in the early stages of … Read More
Should law Enforcement Be Permitted to Stop and Search on the Basis of an Anonymous Tip of Reckless Driving?
In the U.S. Supreme Court case of PRADO NAVARETTE et al. v. CALIFORNIA, 12-9490 (April 22, 2014), the Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, the traffic stop by a CHP law enforcement in which the officer searched the bed of a pickup truck and found about thirty … Read More
Law Enforcement Can Search a Shared Residence Even When a Co-Tenant Objects
In the recent case of FERNANDEZ v. CALIFORNIA, 12-7822 (February 25, 2014) the U.S. Supreme Court held the Fourth Amendment to the U.S. Constitution was not violated and, therefore, law enforcement can make a warrantless search of a shared residence when a co-tenant provides consent even though the other co-tenant shortly before refused to allow … Read More
Former BP Engineer Convicted of Obstructing Justice
In New Orleans today, there was a jury verdict after the U.S. Department of Justice charged Kurt Mix, a former BP engineer, of deleting hundreds of text messages from his iPhone, thereby thwarting the investigation of the 2010 BP oil spill in the Gulf of Mexico. Although none of the top executives of BP have … Read More
Fort Hood trial resumes
The soldier on trial for the 2009 shooting at Fort Hood is continuing to represent himself after his standby attorneys claimed that he was trying to get the death sentence for himself. The judge refused the attorneys’ request to be either removed from the case or be allowed to take over, saying that the lawyers … Read More
Couple pleads not guilty to child endangerment charges
A couple pleaded not guilty to felony child endangerment charges. They were accused of leaving their 4-month-old son in a car. His temperature rose to dangerous levels, and he died in a hospital. Can anyone reconcile a parent’s lifetime guilt as a result of allowing their child to die because they were using narcotics and … Read More
California officials review rehab centers after reports of fraud
Officials in California are conducting a statewide review of drug and alcohol rehabilitation centers after reports of fraud surfaced. CNN and The Center for Investigative Reporting released joints reports stating that some rehab clinics have billed the state for patients who don’t show up, or for patients with no substance abuse problems. It is distressing when … Read More