In defense of self-defense

First post here, thanks Jenny for the invite! Jenny and I just finished up another massive brief as team JennBess, BrandtStiff?, MachtBrandtelman? We’ll leave naming the team for another day. Among many fun arguments, we asserted the right of self-defense to vandalism charges. As there’s no California law on this, we thought it worth sharingContinue reading “In defense of self-defense”

righteous rage

At the risk of writing a carrie-bradshaw-but-criminal-defense-attorney-carrie-bradshaw-post, I’m going to address an issue unrelated to the law itself. That is reconciling the rage, and actions that flow from that rage, and (let’s be honest, actions that flow from rage when you have an impulse control issue), with the obligation expectation to be professional. Sometimes IContinue reading “righteous rage”

Important social media SDT Cal. Sup. Ct. case

Another Facebook subpoena case was issued in the California Supreme Court today (Facebook, Inc. v. Superior Court, S245203.) Unfortunately the Supreme Court would decide the real issues we all care about such as the constitutional/statutory issues because the Court was concerned about whether there was a good cause to issue the subpoena anyway. But, theContinue reading “Important social media SDT Cal. Sup. Ct. case”

CPRA requests…easy…a little too easy…

When I originally started this blog many years ago, before a hiatus, my goal was to do a ton of public records act requests so that I could have documents people could just download. such as police manuals, etc. I’m now doing CPRA requests frequently and it is basically the best and most fun thingContinue reading “CPRA requests…easy…a little too easy…”

COVID-19 BAIL/HABEAS

Below are the most recent stats I have for a COVID-19 bail motion. Additionally, here is the website from FDAP that has sample motions and habeas petitions: As of July 23, 2020, the US had 3,952,273 documented cases of COVID-19 and 142,755 documented deaths. (See CDC website statistics, available at https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html, accessed July 23, 2020.)Continue reading “COVID-19 BAIL/HABEAS”

On trial counsel and falling on your sword

Basically, I’m always arguing IAC generally for failing to object. It’s lame. It’s like oh this lawyer said 352 but not due process. I mean the person got the point, objected, really….this is IAC? But I do what the law requires to get around waiver and I take no joy in that. I do itContinue reading “On trial counsel and falling on your sword”