The Fourth District Court of Appeals tossed Judge Salcido’s lawsuit against the Honorable Judge Peter Deddeh and her fellow judges. The Court noted that the traditional way a lawsuit is brought, where an aggrieved litigant such as the Office of the District Attorney or a criminal defendant, appeals a judicial decision. The “Appellate Court Tosses Salcido Lawsuit”
Attorneys must Advise Criminal Defendants on Immigration Law
The United States Supreme Court just held that a criminal defense attorney must provide advice in this specialized area in those cases in which the law is “succinct and straightforward.” The Court noted that changes to immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. Immigration reforms “Attorneys must Advise Criminal Defendants on Immigration Law”
Criminal Court Diversion for Combat Veterans
The San Diego County Public Defender’s, together with private criminal defense lawyers and local veterans groups, is reportedly putting together a legislative proposal for the diversion of criminal cases for combat veterans. The Penal Code already provides for alternative sentencing for combat veterans suffering from post traumatic stress disorder (PTSD), substance abuse, “Criminal Court Diversion for Combat Veterans”
Roman Polanski has a Fighting Chance and Nothing to Lose
The man famous for his Hollywood movies, murdered wife, and life as a fugitive may be extradited from Switzerland to a Los Angeles, California courtroom. Polanski faces sentencing in a felony sex case over three decades old. He fled the United States jurisdiction after he pleaded guilty and before the sentencing hearing. He has “Roman Polanski has a Fighting Chance and Nothing to Lose”
DA Cannot Hide a Bad Expert Witness Behind a Better One
In a recent decision handed down from a California Court of Appeals, the Court affirmed a criminal defendant’s Constitutional right to confront an expert witness who has prepared a report relied upon by another prosecution witness. In People v. Dungo, the DA tried at a jury trial to swap a bad “DA Cannot Hide a Bad Expert Witness Behind a Better One”
San Diego Criminal Courts Closing, Prisoner Early Release
The unprecedented California budget crisis has now resulted in the San Diego Superior Court closing every third Wednesday of the month, effective September 1, 2009. Court clerks have already cut-back to a shorter work day, and the court closing will put further strain on a majority of criminal court defendants and “San Diego Criminal Courts Closing, Prisoner Early Release”
Juvenile Offenses Can Be Used as Strikes
Juvenile adjudications (convictions) can be used against adult criminal defendants under the “three strikes” law even though juvenile defendants have no right to a jury trial. The California Supreme Court, in People v Nguyen, held that prior juvenile adjudications that qualify as serious or violent felonies (“strikes”) can used to “Juvenile Offenses Can Be Used as Strikes”
Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana
Criminal defense lawyers uniformly advise their clients to provide information to law enforcement only by and through an attorney, and for good reason. Many cases are prosecutable only because the defendant gave the police what they needed to make their case. In the past, attorneys did not have to worry “Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana”