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...
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. ...
The Ninth Circuit Court of Appeals affirmed a judgment holding that defendants who knew that under federal law that cannabis remained illegal, and could not be prescribed by physicians, were not misled by county sheriff’s deputies who purportedly assured them that...
The Ninth Circuit Court affirmed a district court judgment of conviction on Monday, October 25th. The Court held that confessions obtained during and after a voluntary polygraph examination were not illegal as a result of unlawful detention or failure to promptly...
The California Court of Appeal determined on Tuesday, October 12th that a great bodily injury enhancement does not apply to a hit and run violation unless the injury was caused or aggravated by the failure to stop and give aid. The appellant, Mr. Valdez, hit a...
The California Court of Appeals determined on Wednesday, September 1st, that security guards at a shopping mall can be victims of a robbery although they are not the owners of the stolen property and are not directly employed by the store that owned the property. The...
The Appellate Division of the Superior Court of Kern County held that Matthew Bellante, who was cited for drunk driving in July of 2008 but never received notice to appear, had the better argument in a rare instance against the People. Bellante was cited for drunk...
The California Supreme Court affirmed a ruling on July 8th that statements made by Oakland Police Department Officers during the interrogation of a suspect did not invalidate his Miranda rights. Gregory Tate was placed in custody by the Oakland Police Department (OPD)...
On Wednesday, July 7th, the Ninth Circuit Court of Appeals affirmed a ruling that James Graf, a consultant who worked as a functional employee, held no joint attorney-client privilege with the company's attorneys. The Court also held that Graf held no personal...
On Tuesday, the Supreme Court ruled that a suspect's silence can be used against them in court—unless they speak up and explicitly say otherwise. In a 5-4 decision, the court determined that in order for people to invoke their Miranda rights—the right to a lawyer, to...