nice lil dui death reversal

17 Sep

prejudicial error for judge to fail to instruct jury that D had already been convicted of manslaughter at retrial for second degree murder because it led jury to erroneously believe that D would go unpunished if they acquitted.  lovely.

book review: the innocent killer

11 Sep

Fast, interesting read.  Unfortunately written by a prosecutor so even after D’s DNA exonerates him he still wonders about the guy’s innocence.  Basically the story is that D is convicted of an attempted murder and rape and serves 18 years before being exonerated, only to find himself back in prison on a murder charge carrying LWOP.  Is he innocent of that too, framed by the angry police and prosecutor because of his wrongful conviction lawsuit? You decide. obviously, a true story.

Nice gang enhancement reversal`

11 Sep

Here. Insufficient evidence that D possessed a firearm for promotion of gang activity because he began possessing the gun before he met up with his gang buddies. Excellent.

Excellent wait for it Trombetta opinion today

10 Sep

Woop Woop.  Court holds that an officer’s failure to preserve surveillance footage which could have potentially exonerated D was in bad faith and violated trombetta.  WOW. Not that much evidence of bad faith.

Two shitty 1538.5 opinons

5 Sep

The first holds that there is a good faith exception to a search of a cell phone without a warrant. terrible.
The second similarly holds that a blood draw  without a warrant in violation of mcnealy was not subject to exclusion because officers reasonably relied on appellate law.  So dumb.

Prosecutorial misconduct to argue that a defendant’s sexual orientation showed she had a motive to molest a child

28 Aug

The prosecutor argued in this case that the fact that the defendant was a lesbian gave her motive to molest a child whom she baby sat, a girl.  The appellate court held this was prejudicial prosecutorial misconduct because the defendant’s sexual orientation was not relevant to whether she molested the girl.   The court stated: “That being the case, we do not believe the evidence of appellant’s sexual orientation was relevant to her prosecution. Period. Whether designed to show appellant’s intent, motive or why she would select A.G. as a victim, the evidence, standing alone, simply did not hold up in terms of facilitating the jury’s understanding of the case or “having any tendency in reason” to prove a disputed fact “of consequence to the determination of the action.”

Right call.  In a heterosexual molestation case the prosecutor probably would not even think to point out that the defendant was heterosexual and therefore had a motive to molest the victim.  The argument rests on the assumption that someone who is homosexual would necessarily be attracted to anyone of the opposite sex, no matter their age, even though the prosecutor contended that this was her argument.  If this was not the argument, there would be no other reason to point out the defendant’s sexual orientation.  Correct result.

Nice 1538.5 case today

26 Aug

D was unlawfully detained where officers ordered him out of his home without any facts suggesting that he was involved in criminal activity; only an observation that someone in the front yard was stripping copper wire from an ac unit is not enough to have a particularized suspicion that D was burglarizing the house (in fact he was not.)

Corgi Massage Please

19 Aug

New Harmless Prosecutorial Misconduct Case

19 Aug

Griffin error and error for telling the jury not to be gullible, hoodwinked and that if they acquitted the defendant he’d have a good laugh at their expense.  Though, harmless. San Bernardino.

Inmate denied cataracts surgery for one blind eye because one eye is good enough for a prisoner

14 Aug

D went blind in one eye due to cataracts which could be reversed with surgery.  The prison denied him the procedure because one eye is “good enough” for a prisoner.  No joke. Had to go to the 9th circuit for relief.  Really prison?