Defendant's conviction for sale and possession of marijuana was reversed and remanded where the trial court erred in disallowing the defendant from offering his defense under the Medical Marijuana Program Act (MMPA), with respect to distribution to patients who...
criminal defense
San Francisco Mayor Lee’s Stop-and-Frisk Policy: A Legal & Statistical Review
Mayor Lee has remained firm in his initiative to implement a Stop-and-Frisk policy in San Francisco as a means of gun control, particularly in the wake of the movie theater mass shooting in Aurora, Colorado. The policy, which already exists in New York City,...
The Conrad Murray Sentence in the Wake of California’s Prison Realignment Act of 2011
Conrad Murray – to be known forever as the man associated with the King of Pop’s untimely death. Despite being convicted by a jury of involuntary manslaughter, Dr. Murray may never see the inside of a state prison cell. He has the California Realignment Act of 2011...
No Challenge of Factual Basis for Plea
Defendants who plead guilty or no contest may not challenge on appear the trial court's conclusion that a factual basis existed for a plea, according to the 6th Appellate District in California. The court held that a criminal defendant who pleads guilty or no contest...
People v. Torres: Transporting and Possessing Alcohol in Prison are Two Separate Criminal Acts
In People v. Torres, the Second Appellate District determined the acts of bringing alcohol into a jail facility and possessing alcohol in a jail facility are two separate punishable crimes that each have its own objective. Alfonso Torres and Adan Barajas were two...
Implied Malice Theory
In People v. Canizalez, the Second Appellate District affirmed judgment on the convictions for Robert Canizalez and Martin Morones. On a busy city street, the two defendants engaged in a street drag race that ended in a collision with another car. The other car...
United States v. Evanston: no re-arguing during jury delibrations
In U.S. v. Evanston, the Ninth Circuit Court vacated a district court’s judgment because it allowed attorneys on both sides to re-address arguments after the jury declared its second deadlock. Calvin Evanston was charged with assault on his live-in girlfriend, leaving...
Court Reverses Decision on Cold Stone Creamery Caller
The State of California Court of Appeals has reversed a decision by the trial court in the case People v. Powers. The original decision in January 2009 charged David Thomas Powers with one felony count of criminal threats against a Cold Stone Creamery employee along...
Court Stands Strong Behind Sharp Tactics
The Ninth Circuit Court of Appeals has once again stood behind prosecutors’ tactics of fueling minimums in drugs cases in which defendants refuse to snitch. The court upheld, for the second time, the conviction of a drug dealer who refused to act as a government...
Defendant Granted Deferred Entry of Judgment Couldn’t Be Terminated Based Solely on Inability to Pay Program Fees
In this case, Judge Cantil-Sakauye of the California Third Appellate District, held that a defendant granted deferred entry of judgment could not be terminated based solely on the inability to pay program fees of the drug diversion program she had been referred to. ...