Insufficient evidence of kidnapping for rape. Weakest. Kidnap. Ever.
Wow. This dude got an LWOP enhancement for kidnapping for rape? REALLY?! What was the “kidnap”? Moving CW from one room in the apartment to another and he committed the crimes against her in both...
View ArticleInteresting competency procedural issue: conviction reversed
Court of Appeal reversed a conviction today on an issue the defendant did not initially raise on appeal. D claimed there was not sufficient evidence he was competent after the trial court ruled...
View ArticleMost scathing opinion ever?!
A little late blogging this…the COA issued a scathing opinion in the OC snitch scandal case. The AG argued the trial court erred in disqualifying the entire DA’s office from prosecuting the case....
View ArticleProp 66 stayed
If you don’t get email alerts from defender411@cpda.org you ought to. They just emailed that the Cal Supreme Court issued a stay (see below) on the implementation of Prop. 66–the proposition that...
View Articlenew laws
I was reading a cpda pdf on the new laws and a few caught my eye that I was previously unaware of. Of course, we all know (or should know) that marijuana is now legal with reduced penalties that apply...
View ArticleCOA: PRCS sux cause it lacks a “homeless” provision re reporting a residence
D found in violation of PRCS because he failed to report his address to probation even though the guy was homeless and had no residence. Reversed. COA said PRCS does not have any provision that governs...
View Articleanother life kidnapping sentence reversed for insuff evid of substantial...
LOVELY. Insufficient evidence of kidnapping for robbery where Ds moved victims 50ish feet in the same store they robbed. They did move them from the front of the store to the back but that was not...
View Articleinnocent guy gets new trial
It’s always good when any court ruling starts like this: “The Habeas Corpus secures every man here, alien or citizen, against everything which is not law, whatever shape it may assume. — Thomas...
View ArticleHoly COW! Sentence modified because mandatory use enhancement was cruel and...
I remember reading about this super sad case where this young woman shot a guy who had crashed her birthday party, beat up her father, and then appeared to be retrieving something (a weapon?) from his...
View ArticleState Bar disciplinary charges filed against prosecutor for misconduct &...
Chalk two tallies up for justice today! The state bar announced they are filing disciplinary charges against former City Attorney (yes, THE City Attorney at the time) Carmen Trutanich (always name...
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