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Archive for February, 2011

Prosecutorial Misconduct

28 Feb

In final argument, the DA argued that defense counsel and the defense expert in this rape case has “attacked” the victim in a previous, unrelated rape case, suggesting that counsel and the expert were willing to present whatever testimony necessary to avoid a conviction.  Continue reading “Prosecutorial Misconduct” »

Tags: something, argument, rape case, Criminal Defense Articles, Your Rights, Jail Sentencing, cross, misconduct
 

Could You Be Charged With Burglary If You Enter Someone’s Balcony?

20 Feb

Issue of whether defendant’s presence on a balcony amounted to entry of a building was a question of law and was not for jury to resolve. Trial court did not err by including the term “balcony” in definition of burglary where balcony at issue was immediately adjacent to apartment’s living room, extended the living room space, was accessible only through victim’s apartment, and was intended for the exclusive use of apartment’s inhabitants; any error was harmless where evidence established defendant actually entered victim’s apartment.

Whether a balcony is part of a building for purposes of entry for burglary is going to be a very fact specific inquiry and will not always be the case.  In this specific set of facts, the court held that the balcony was appropriately made part of the definition of burglary.  Cases have held that entry into a carport qualify, as does the area between a window and a window screen.

People v. Jackson – filed December 8, 2010, Second District, Div. Four – Cite as 2010 S.O.S. 6792

Tags: burglary, apartment, Criminal Cases, building, Criminal Defense Articles, balcony, Charged With Burglary, Burglary / Theft, Your Rights
 

Brown Proposes Shifting Many California Inmates To Counties

15 Feb

California Gov. Jerry Brown called yesterday for a major shift of state prisoners to the county jail system, a plan aimed at saving the state money, reducing overcrowded prisons, and attempting to better handle juveniles and low-level offenders who cycle through the justice system at great cost to the public, reports the San Jose Mercury News. Brown’s plan would eliminate the state’s juvenile prison system, sending offenders to their home counties and reducing costs that have reached more than $200,000 annually per youth inmate. Continue reading “Brown Proposes Shifting Many California Inmates To Counties” »

Tags: Los Angeles, county jail, Jerry Brown, Jail Sentencing, juvenile prison, Your Rights
 

Gang Cases Are More Easily Prosecuted

05 Feb

Penal Code Sec. 186.22(a)–which applies to a member of a criminal street gang who “willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang”–does not require that the conduct promoted, furthered, or assisted be gang-related. Continue reading “Gang Cases Are More Easily Prosecuted” »

Tags: Your Rights, Criminal Cases, felonious criminal conduct, victim, Jail Sentencing