A woman was arrested for driving under the influence. An hour after she was pulled over, she took a breathalyzer test. The test result was 0.08 percent blood alcohol content. A few minutes later she took another test resulting in a 0.09 percent BAC. Twenty-five minutes later she took a blood test resulting in 0.095 percent […]
No Saving Barry Bonds.
The first few paragraphs of the Ninth Circuit’s opinion explain the setting: “Barry Bonds was a celebrity child who grew up in baseball locker rooms as he watched his father Bobby Bonds and his godfather, the legendary Willie Mays, compete in the Major Leagues. Barry Bonds was a phenomenal baseball player in his own right. Early […]
Morphed Images = Sex Offender Registration For Life.
Defendant was convicted of possession of child pornography and sentenced to 90 days in custody, 36 months probation, a $17,000 fine and must register in sex offender registration for life. On appeal, defendant claimed some of the photographs were innocent images of children which were digitally altered or “morphed,” which often means they were created by […]
False Imprisonment Action Against Counties To Proceed.
The allegations are that a man was stopped by police for driving while talking on a cellphone. He handed over his driver’s license, which showed his name as Freddy Pantoja Rodriguez, his registration, and his proof of insurance. After the two officers held a discussion, appellant was told to step out of his car, and […]
Plea Agreement In Criminal Case Analyzed Under Contract Law.
In 1991, defendant entered a plea agreement in a case charging six lewd and lascivious acts upon a child under the age of 14. He pled nolo contendere to a single count in exchange for dismissal of the other counts. The written plea form, which he signed, recited that the maximum penalties for his conviction would […]
Run Out Of Baggies? Warrantless Search Of Marijuana Is The Result!
Police seized a package from a private shipping company after a shipping employee contacted the police department to report that the package smelled of marijuana and had been dropped off for shipment to an Illinois address. Without a warrant, police opened the box and found 444 grams of marijuana. The California Supreme Court held the defendant’s […]
Convicted Attorney Is “Actually Innocent.”
18 USC § 1346 states: “. . .the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services.” An attorney and trustee of private trusts pled guilty to honest services fraud after being accused of abusing his fiduciary obligations and position of trust through ambiguous […]
GPS: What’s A Hardworking Robber To Do In This Electronic Age?
A victim of a robbery had a smart phone in her stolen handbag. The police located the phone at a particular intersection by “pinging” the phone’s GPS system, which the victim and owner of the cell phone authorized the police to do. Defendant was arrested within 45 minutes of the robbery. He challenged the legality of […]
Elder Abuse And Patient’s Bill Of Rights.
A 79-year-old patient in a licensed nursing home fell nine times in 35 days while getting out of bed to go to the bathroom. On the ninth occasion, nurses reached his room two minutes after the bed alarm went off. While one nurse was turning off the alarm and the other stood in the doorway, the patient […]
Jurors Watched Movie During Death Penalty Deliberations.
In a death penalty writ of habeas corpus, the California Supreme Court considered the declaration of a juror which stated: “I told the holdout jurors that if they wanted to understand what it was like in prison, they should watch the movie American Me. That is based on a true story. [¶] Two of the jurors […]
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