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...
criminal defense
United States v. Redlightning: Confessions Before and After Voluntary Polygraph Not Illegal as the Result of Unlawful Detention or Failure to Promptly
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...
Flight from Hit and Run Does Not Qualify as Grounds for Great Bodily Injury Enhancement
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...
People v. Bradford: Court Determines that Security Guards Can be Victims of Robbery Due to ‘Special Relationship’ with Stores
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...
Bellante v. Superior Court: Burden of Delay Shifts to the Prosecution
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...
Extent of Miranda Rights Tested by People v. Tate
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)...
United States v. Graf: Standard established for attorney-client privilege between corporate employee and counsel
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...
U.S. Supreme Court Miranda Ruling: Suspects Must Speak Up
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...
Ecstasy qualifies as a controlled substance under Health & Safety Code section 11377
The California 4th District Court of Appeal held that because Ecstasy contains methamphetamine, it qualifies as a controlled substance or an analog to a controlled substance for purposes of Health and Safety Code section 11377. In this case, Appellant was convicted of...
U.S. Supreme Court Eases Rules for Miranda Warning
Last week, the Supreme Court issued its opinion in Maryland v. Shatzer. Justice Scalia wrote the opinion, which six other Justices joined in full. Justice Thomas concurred in part and concurred in the judgment; Justice Stevens concurred in the judgment. The Court held...