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ugh

19 Feb

Amazing article in the LA times re so cal police shooting 2000 persons since 2004.  WTF?  Including one incident where an officer was acquitted for shooting an unarmed man after he told the officer that he meant no harm; all on video and no visible provocation.  WTF WTF ????? Great investigative journalism.   I can’t handle it.

Yes, I been sayin that Scalia is not a true textualist or originalist or whatever else everyone claims to respect him for.  In fact, he changes his MO depending on the outcome.  People need to stop with it.  Respect him if you agree with his political leanings and inserting Catholic values in his opinions notwithstanding the ORIGINAL meaning of the first amendment.  But don’t reinvent history.

Finally, I have been disturbed all day by this.  This story reports that a man with Alzheimers was arrested for trespassing and the trial court dismissed the case.  He was in custody and in the mental health unit, they had to have known he was incapable of caring for himself.  His friend came to the Santa Clara County jail and begged them not to release him alone.  After waiting for hours, the friend left to get food.  He returned and was told that the man was released.  The friend then drove around for hours looking for the man to no avail.  In fact, he had not been released and was released the next morning (no mind the fact that his case had been dismissed more than 12 hours before).  The man wandered on to 880 and was struck by a car and killed.  The former director of the SCC mental health unit stated: “There’s some who are just mean, they’re mean, and you know that comes from the top, compassion can be taught. The sheriff sets the tone, the sheriff makes things happen[.]”

According to the Sheriff, the man’s “release followed established procedures.”

Nice parole condition reversal

18 Feb

Even though moot because D was off parole, Court of Appeal held that conditions restricting internet use were vague.  Lovely. And enough already with these internet restrictions!

Judges gone wild!

18 Feb

Interesting judicial disciplinary actions within the last few months…

  1.  Scott Stuart, Santa Clara County: misdeed: Ex parte conversation with DA post-trial in a misdo about how she did a great job, the PD sucked, and how he intended to sentence the defendant before the hearing.  MAJOR props to the DA who reported the incident to her supervisor and attempted to end the conversation.  MAJOR props to her supervisor and Jeff Rosen for reporting it the PD’s office.  I feel bad for the DA whose name is associated with this; what a brave attorney.  Idiotically, Stuart’s defense was that it did not matter that he talked about sentencing with her because he had already made up his mind about sentencing–more misconduct considering they had not had the hearing.  And, he had not yet been to the judicial training, but he has been an attorney for 20 years and told the DA “this conversation never happened.” YIKES.  Sentence: transferred to small claims but now in family law.
  2. Joseph Bergeron, San Mateo County, Misdeed: sexism for asking female DA to bring him coffee, jerkism for throwing paper at a clerk after asking if she played basketball, and for talkin mess about a clerk loudly.
  3. Christopher Wilson, Humboldt, Misdeed: falsely affirming that no matters had been pending before him for more than 90 days so he could get paid.
  4. Valeriano Saucedo, Tulare, REMOVAL!, bizarre stalker esq behavior including, but not limited to, giving a clerk $26k and other gifts w/the excuse that he was “mentoring” her and this odd thing about writing an “anonymous” letter to her husband accusing her of having an affair with his bailiff, then using his judgy powers to intervene and save her from having the letter sent to her husband all to get her to have a”special friend” relationship with him…INTERESTING.

If we wanna reverse, we gonna reverse

18 Feb

The Court of Appeal had held that their ruling that there was insufficient evidence of an arson (because a motor home is not a “structure”…does that count for burglary too?) barred a retrial under PC 654 for the lesser related (not included) offense of arson to property.  The Supremes reversed, reasoning that because the jury had been instructed on arson of property there was no 654 problem.

The Supremes then remanded the matter for the COA to decide whether Double Jeopardy barred retrial–a point the defendant raised for the first time in the Supreme court.  The COA held that a retrial was barred under DJ.  The Court reasoned that because arson of property is not a lesser included offense, the trial court should have had the jury reach a verdict on that count.  Because the court did not, and because there was no legal necessity for a lack of a verdict on that count (e.g. a mistrial), DJ attached.  D’s 48 YEAR to life in prison sentence is no longer, and he cannot be retried.  Wow.

McNeely doesn’t apply to consensual blood test

19 Feb

Here.

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.

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.

Dear Judge: watch what you say!

23 Oct

During pre instruction a judge accidentally said the defendant pled guilty instead of not guilty.  The error was not corrected until deliberations when the jury asked whether they heard the judge correctly. The judge apologized and say he had erred in saying the defendant had pled guilty.  Not enough to cure the error says Judge Noonan!  That the jurors thought that the defendant pled guilty, even though the judge did pre instruct that he had pled not guilty to each count, probably affected how they heard the evidence. INTERESTING.

Excellent reversal of 148, 415 on sufficiency of the evidence

22 Oct

Refusing to talk to an officer who just wants to talk is a ok. Not a 148. Cussing etc is not a 415. Lovely.

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.