D takes his computer to be repaired. Repairer calls cops claiming he found child porn on computer. cops review and say no that’s not child porn. cops say why dont you more thoroughly examine it. low and behold, child porn. Appellate court reverses denial of 1538.5 saying the cops exceeded the scope of the private party’s initial search and clearly violated the defendant’s right to privacy, especially because he went to efforts to conceal the porn. LOVELY. Interesting that this was the holding notwithstanding the fact that the private party, not the cops, went back first to search again. Because it was at the direction of the cops, he became an agent of the government.
court took a recess; she will be sentenced at 2pm est. get your live update here! I no longer thing she’ll get probation because the judge reamed her regarding her statement of assets to probation. Prediction: 21 months.
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.
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.
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.