A nice one 6th district; finality and retroactivity for transportation of some weed

Well isn’t this pretty. Sixth District (way to go Lori Quick of SDAP), held yesterday in Lopez, H046618, that if someone is on probation that means his case is not “final” for purposes of retroactivity of an ameliorative law…i.e. he gets the benefit of the new law. This one was for transportation of weed, convictionContinue reading “A nice one 6th district; finality and retroactivity for transportation of some weed”

4th District busy bumble bees one is good, one is so so, and last one stings

Fourth district issued a great opinion today (People v. Barton, D072639) on erroneously dismissing a juror for refusing to deliberate. Reversed. REALLY thorough discussion about how the abuse of discretion standard for this issue is a little different and involves less deference than normal. Meanwhile, they ordered the trial court in another case (People v.Continue reading “4th District busy bumble bees one is good, one is so so, and last one stings”

Please do not “in this county me”

This just in. There is no principle of law that says the state or federal constitution, or the penal or evidence code, do not apply because “in this county” we don’t follow that law. I’ve heard this re timely discovery, I’ve heard this re diversion, I’ve heard this re discretion. Sorry, that’s not a thing.Continue reading “Please do not “in this county me””

Two shitty Fifth District opinions today

People v. Hernandez (Oct. 14, 2020) Case Number F080131. Fifth District. If your sentence from a plea agreement includes a 667.5 enhancement, the priors/enhancement must be stricken under SB 136 (duh), but the DA is allowed to agree to modify the sentence or WITHDRAW from the agreement on remand. People v. Cervantes (Oct. 14, 2020),Continue reading “Two shitty Fifth District opinions today”

Shout out to my trial lawyer heros!

Sharing this here, objection, preservation of issues cheat sheet, and how to federalize resource. I wish I had this when I was loosing sleep over my no driving DUI trial lol (hence why I couldn’t be a trial lawyer.) Shout out to those who take this work on, battle the kangaroo wild west trial courts,Continue reading “Shout out to my trial lawyer heros!”

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”