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10 Jul 2023, 12:47 pm
Especially in a murder case, where there's a lot at stake.Plus, although Justice Greenwood's opinion doesn't mention it, I think there may also be a fairness principle at stake here. [read post]
3 Sep 2009, 5:35 am
And wouldn't the test necessarily boil down to Justice Potter Stewart's famous statement in his concurrence to the 1964 obscenity case, Jacobellis v. [read post]
23 Jun 2008, 9:16 am
But I'm reading over other people's work to give them comments, and it's like an old boyfriend coming back to town. [read post]
30 Jun 2023, 9:41 am
" … Heller's exposition of "the people" strongly indicates that Rahimi is included in "the people" and thus within the Second Amendment's scope. [read post]
22 Mar 2023, 12:48 pm
I'm just not 100% sure that's right. [read post]
10 Jul 2019, 2:38 pm
See what you think about this one.The backpack in the car almost certainly belonged to one of the three people in the vehicle. [read post]
30 Jul 2009, 9:13 am
Because I really don't see the reason why this defendant needed to be let of scot-free as a result of the DA's decision here. [read post]
14 Apr 2022, 2:01 pm
The hoodie naturally has bulges in it, so based upon defendant’s history of weapons, I elected to remove him from the vehicle and pat him down so I can complete the citation. [read post]
1 Mar 2016, 1:26 pm
Or since.Until I read this opinion, anyway. [read post]
21 Jun 2018, 2:14 pm
"It's funny because even though there are plenty of published opinions about murders, I don't usually see the Court of Appeal say that someone "conspired to commit murder against" someone. [read post]
1 Aug 2008, 6:02 pm
And also, for those in the Bay Area up north, mentions Hany Assad, who's another doctor (like the other one I discussed yesterday) who's more than willing to both prescribe marijuana and testify -- again, ultimately successfully, at least once the case gets to the Court of Appeal -- on behalf of the defendant. [read post]
16 Dec 2008, 10:39 pm
I spent a summer after high school living with my then-girlfriend at her parent's house in Canoga Park. [read post]
2 Jun 2008, 9:51 am
I know I am.Nonetheless, I think that Justice Cantil-Sakauye not only is entirely correct in this one, and that defendant's conviction was rightly upheld, but that the underlying case in the trial court is a good example of what should happen in these types of cases. [read post]
11 Nov 2010, 12:33 pm
People lie to their attorneys. [read post]
11 Jan 2012, 11:52 am
Since the issue of retroactivity has yet to be decided, I suppose that Florida’s criminal defense bar, and criminal defendants alike, will have to continue to wait to see what path the Court will choose. [read post]
6 Aug 2010, 10:59 am
Even though there's a huge part of us that doesn't want to allow people who knew they were transporting drugs to quibble at trial about whether they really "knew" that the drugs they were transporting were 10, 20, 50 or 50.425 kilos.So it's a tough issue. [read post]
16 Jan 2023, 1:55 pm
Do I Really Need a Lawyer? [read post]
11 Aug 2008, 7:34 pm
"Look, I'm not saying the guy's definitely innocent. [read post]
29 Apr 2021, 1:45 pm
I'm generally not a huge fan of LWOP (life without parole) sentences. [read post]
26 Mar 2019, 11:20 am
I agree that the defendant in a criminal case is entitled to have his lawyer argue that he's innocent if that's what the defendant wants. [read post]
