New appellate court case today holds that a judge cannot grant a 991 — a motion to dismiss a misdemeanor for an in custody defendant — partially. I.e. he cannot say that only certain counts are dismissed, he has to dismiss the complaint in its entirety or not at al..
Kind of interesting. To violate the upskirt camera shot statute the person has to be identifiable. So five of D’s counts involved shots without the person’s face. Reversal. Seems like the legislature may have to fix that statute.
The judge granted the prosecutor’s batson wheeler challenge that the defense was kicking white jurors and reseated a white juror. The defendant argued on appeal that this chilled his attorney’s ability to exercise further preemptories. The appellate court would not decide whether white people are a protected class (interesting) because they held that he failed to show prejudice (kind of impossible to show anyway). Rarely do you see a defense attorney’s batson-ing show up on appeal (obviously). Pretty interesting. and creative appellate lawyering.
Residency restrictions are unconstitutional, but the parole people can impose restrictions based on their discretion. Interesting.
Great case today. Now there are two cases holding this probation requirement violates the Fifth Amendment and one holding in does not. That latter case nonetheless states that any statement given pursuant to the waiver cannot be used against the defendant. Waiting on the supremes to take up the issue.