reversal of denial of motion to withdraw plea

27 Jan

Where court makes no statement about why it denied motion to withdraw plea, and therefore made no credibility determinations against the defendant who claimed that he was misinformed about immigration consequences, the appellate court reversed the court’s denial of the motion to withdraw the plea.

Juvenile Registration Violates EPC

23 Jan

Annoying a molesting a child registration violates the equal protection clause because only juveniles sent to CYA have to register.  Doesn’t this imply that all juvenile sex offender registrations would violate the EPC? or maybe I read this case too quicky.

nice murder reversal

15 Jan

Failure to sua sponte give lesser instruction.  Nice.

9th cir penalty phase reversal

29 Dec

Here.  Merry Christmas Mr. Mann! IAC for failing to look into prison records, school records, and medical records from a car accident.  Of course D has a brain injury.  I swear there are so many people on death row with brain injuries. I believe it is the root of all violent crime.   I think people should start bringing claims for no death penalty on the ground that it would violate the ADA.  #justsaying.

insufficient evidence of contributing to the delinquency of a minor

9 Dec

nice.  You have to prove that D actually contributed to or encouraged the delinquency.  Here, there was no such proof.

Another good read: The Case Against the Supreme Court

8 Dec

Another great read.   Kind of infuriating how terrible many Supreme Court cases have been, though there have been some good decisions.  Pretty good summary of con law in all its pitfalls and glory.

Good Books

4 Dec

I just finished reading Courtroom 302.  So good.  Love the backstories on all the defendants.  Highly recommended.

 

 

I also read Getting Life about a man falsely convicted of murdering his wife.  Another great read.

 

Finally, I read Just Mercy.  So so good. Really makes me want to be a death penalty appellate lawyer, which is my next move.

 

Dear DA: Stop using diagrams to explain BRD

4 Dec

DA presents a diagram of the boundaries of California and says you can still know the state is CA even if the victim’s description of it as inconsistencies.  This doesn’t even make sense.  But, anyway, this improperly explained proof beyond a reasonable doubt.  REVERSED.

Interesting issue before 9th circuit

19 Nov

D was found guilty for felony murder after the jury found that he shot someone during a robbery. He told the prosecution after the conviction that actually his cousin was the shooter.  The state believed him and had him resentenced from LWOP to possibility of parole.  D appealed saying this deprived him the right to have the issue of whether he was an aider and abettor decided by the jury. the 9th circuit agreed and decided he was entitled to a new trial.  Interesting issue, right result, D gets a new trial.

Nice second dist opinion

13 Nov

That DA got to ask witness who refused to testify over 100 questions which he refused to answer e.g. didn’t you identify D? violated the confrontation clause and was prejudicial. LOVELY.