Juvenile Defendant In California Granted New Trial Where His Lawyer Provided Ineffective Assistance Of Counsel
Juvenile Defendant In California Granted New Trial Where His Lawyer Provided Ineffective Assistance Of Counsel A 17-year-old California juvenile who was convicted of lewd conduct and child molestation charges was granted a new trial after shocking revelations by his public defender who acknowledged that he was woefully unprepared and unable to properly defend the case. The juvenile, M, filed a motion for a new trial filed by his new lawyer…
Read MoreThe California Courts of Appeal 4th Appellate District Recently Ruled that Juror Misconduct Created Juror Bias that was Detrimental to the Defendant and Was a Basis for a New Trial.
The California Courts of Appeal 4th Appellate District Recently Ruled that Juror Misconduct Created Juror Bias that was Detrimental to the Defendant and Was a Basis for a New Trial. The 4th District California Courts of Appeal recently ruled on case in which the defendant was seeking a new trial after being found guilty. After the trial the defendant’s attorney learned that a specific juror was having daily discussions with…
Read MoreCalifornia Appeals Court Holds That A School Security Officer Is Not A “Public Officer” In Juvenile Criminal Case
California Appeals Court Holds That A School Security Officer Is Not A “Public Officer” In Juvenile Criminal Case A campus security officer at a California high school received a report of vandalism and pursued a group of students he suspected were involved in the vandalism. While pursing the group of students the security officer yelled for a particular student, M, to stop. The security guard yelled to M by name…
Read MoreTrial Court Abused Its Discretion In Failing To Grant Continuance After Appellant’s Attorney Was Arrested On Day Of Trial
Trial Court Abused Its Discretion In Failing To Grant Continuance After Appellant’s Attorney Was Arrested On Day Of Trial In an unpublished opinion decided on June 25, 2010, the California Court of Appeal held that the trial court abused its discretion in refusing to grant a trial continuance after appellant’s attorney was arrested on the day of trial. In early 2007, appellant Tu My Tong retained respondent, the law firm…
Read MoreCalifornia Court Of Appeal Rules That Lack Of Expert Identification Witness Was Not Ineffective Assistance Of Counsel
California Court Of Appeal Rules That Lack Of Expert Identification Witness Was Not Ineffective Assistance Of Counsel In People v. Datt, the Sixth District of the California Court of Appeal held that appellant trial counsel’s failure to present an expert witness in a trial where an uncorroborated identification is at issue did not constitute ineffective assistance of counsel. On September 30, 2007, at 2:00 or 2:30 a.m., Santa Clara County…
Read MoreSan Francisco Crime Lab’s Mishandling of Evidence May Lead to New Trial for Federal Defendant
San Francisco Crime Lab’s Mishandling of Evidence May Lead to New Trial for Federal Defendant On June 15, 2010, defense attorneys for Dennis Cyrus, Jr., argued before a federal judge that forensic evidence handled by the San Francisco Police Department’s crime lab and leading to Cyrus’ conviction may have been tainted. His attorneys requested that the prosecution disclose a report of the crime lab’s errors. Cyrus was convicted of murdering…
Read MoreCrime in One County Can be Joined with a Crime in Another County - California Penal Code Section 288
Crime in One County Can be Joined with a Crime in Another County - California Penal Code Section 288 The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction where at least one of the offenses occurred. In People v. Delgado (No. G041561), the…
Read MoreWhat Happens When a Judge Miscalculates a Pronounced Sentence?
What Happens When a Judge Miscalculates a Pronounced Sentence? When a trial court states the defendant’s sentence, but the minute order and the abstract of judgment indicate a different length of prison term, the latter would prevail over the reporter’s transcript and oral statement of the sentence by the judge if it contains a proper calculation of the defendant's prison term. In People v. Thompson (2009) 180 cal. App, 4th…
Read MoreWhat is the Difference Between an Appeal and a Writ of Habeas Corpus?
What is the Difference Between an Appeal and a Writ of Habeas Corpus? If you have a loved one that has been convicted of a crime in California, you may be wondering how you can overturn the conviction and continue fighting your family member’s case. You have probably heard that you can appeal the conviction or that you can file a petition for a writ of habeas corpus. You might…
Read MoreDefendant's Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define "Beyond a Reasonable Doubt" by Using a Jigsaw Puzzle
Defendant's Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define "Beyond a Reasonable Doubt" by Using a Jigsaw Puzzle A recent California Court of Appeal decision, People v. Katzenberger, held that there was prosecutorial misconduct when the prosecutor used an incomplete jigsaw puzzle to show how ‘beyond a reasonable doubt’ works. The prosecution’s Power Point presentation consisted of eight puzzle pieces forming a picture of…
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