These guys called some buddies to retaliate against some men. Oopsie, the feds were listening in on a wiretap. The existence of the wiretap was disclosed. And the defense moved to suppress, challenging the sufficiency of the wiretap application. That’s all well and good, but there were many other violations of the wiretap procedure. But [...]
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Imperfect defense of others reduces a murder to a voluntary manslaughter. (See Randle, 35 C4th 987.) The defendant here complained that the CALCRIM on this point never tells the jury that imperfect defense of others eliminates malice. The Court of Appeals rejects this claim, saying that the instruction, taken as a whole, makes this clear, [...]
Read More ...This is a medical marijuana case. Primary caregivers are immune from state prosecution for possessing or cultivating marijuana. But who is a primary caregiver? The California Supreme Court here hold that supplying marijuana and instructing on its use, and otherwise only sporadically taking some patients to medical appointments is not enough. The California Supreme Court [...]
Read More ...This is a weird one. The defendant is walking down the middle of the street, minding his own business. The police try to detain him for violation of a Sacramento city ordinance requiring that pedestrians walk on sidewalks. The def. runs away. The defendant is charged with resisting an executive officer in the performance of [...]
Read More ...Wow, get ready for this one. The police unlawfully stop the defendant. So this is an unlawful traffic stop. During the stop, before any search, the police find that the defendant has a warrant. They arrest the defendant, search, and find drugs. Result? You’re probably going to say that the unlawful stop invalidates the search. [...]
Read More ...Gee, I just can’t understand why this defense didn’t work. The defendant has a business, Temple 420, in Hollywood. It was a church in which members could buy marijuana. The defendant planned to sell marijuana from vending machines. The defendant said he was trying to bring religion to the pot movement because there are a [...]
Read More ...Here’s how you can tell that you’re having a bad day. You’re on trial for Assault with a Deadly Weapon and beating up your girlfriend. On day 3 of trial your attorney resigns from the state bar, to avoid being disbarred. You get convicted with a strike prior and get 8 years in prison. Not [...]
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