The Department of Corrections and Rehabilitation promulgated regulations regarding the manner in which the death penalty by lethal injection is carried out. The trial court found the regulations substantially failed to comply with the California Administrative Procedure Act [Government Code section 11340 et seq.] and invalidated the regulations in their entirety. The gist of plaintiff’s challenge […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
Malicious Prosecution Action May Proceed.
Plaintiff received two checks from an insurance company in settlement of a claim. He took the checks to the bank where the checks were drawn, and the bank refused to cash one check. The bank manager called police and reported that plaintiff threatened to blow up the bank. Plaintiff was charged with a crime, tried and […]
An Expert’s Dilemma In Reporting Child Abuse.
At issue here are two divergent legislative schemes: 1) An expert engaged to assist a lawyer in representation of a client is obligated to maintain the confidentiality of client communications. [Evidence Code sections 912 and 952.]; 2) Under the Child Abuse and Neglect Reporting Act [CANRA; Penal Code section 11164, et seq.], psychiatrists, psychologists, clinical social […]
Even Though Only A Daughter Was Sexually Abused By Her Father, Are All The Abuser’s Children Dependents Of The Juvenile Court, Both Sons And Daughters.
The words of the California Supreme Court speak for themselves: “[W]e must decide whether a father’s sexual abuse of his daughter supports a determination that his sons are juvenile court dependents when there is no evidence the father sexually abused or otherwise mistreated the boys, and they were unaware of their sister’s abuse before this proceeding […]
The Buck Stops With The District Attorney, Not The State Of California.
A man who spent 24 years in prison after being convicted of murder because of the perjured testimony of a jailhouse informant, filed an action under 42 U.S.C. § 1983, claiming the Los Angeles County District Attorney’s Office failed to create any system for deputy D.A.’s handling criminal cases to access information pertaining to the benefits […]
Police Officer Can Carry Gun After Battery Conviction.
A deputy sheriff was convicted of violating Penal Code section 242, battery upon his live-in girlfriend, in 1993. He was placed on three years’ probation. His posttrial motion requesting an order granting him relief from the prohibition against possessing and owning a firearm under section 12021 was granted. He successfully completed probation and then successfully moved to have […]
Insurer Cannot Avoid Its Contractual Duty.
The United States Attorney for the Central District of California filed a grand jury indictment against a medical doctor alleging the doctor conspired with another doctor and employees to transplant a liver into the wrong patient. The doctor tendered the defense to the charges to his insurance company, which insurer declined to defend pursuant to Insurance […]
Total Amounts Of Medical Bills Not Relevant.
Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to prison for three years. A jury found the passengers suffered $1.8 and $1.4 million in […]
Lawyer’s Letter Viewed As A Threat.
Plaintiff brought an action against defendant, a lawyer, after defendant sent him a letter: “As you are aware, I have been retained to represent Media Print & Copy . We are in the process of uncovering the substantial fraud, conversion and breaches of contract that your client has committed on my client. . . . To […]
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