Joseph H., age 10, woke up early one morning and shot his father in the head as he slept on the sofa. Joseph was a difficult child. From the time he was three years old, his paternal grandmother could not babysit him because she could not control his outbursts.
You Have A Fifth Amendment Right To Remain Silent….After You Speak Up.
A criminal defendant who had been drinking and speeding caused a collision which resulted in one child’s death and serious injuries to another child. During its case in chief, the prosecution gave much emphasis to the defendant’s failure to inquire about the occupants of the other vehicle as evidence that he was driving without due […]
County’s Overflight Easement Condition In Exchange For A Permit Upheld.
Plaintiffs planned minor alterations to their residence. As a condition for obtaining a building permit, the county’s general plan required them to provide an aircraft overflight easement. In this action, plaintiffs contend the easement requirement constitutes an unconstitutional taking of their property without just compensation. The trial court entered summary judgment in favor of the county. […]
Rent Control In Mobilehome Park Not A Taking.
A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]
Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.
A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]
Police Officer’s Privilege Against Self-Incrimination Prevented Reporting His Own Sexual Assault Of A Minor.
Minor plaintiff was sexually assaulted by a police officer when she was on an explorer program and doing ride-alongs with him. She brought an action against the City, alleging the City was vicariously liable for the police officer’s negligence based on his breach of the mandatory duty to report the sexual abuse to a child protective […]
Lawyer Must Produce Client’s Tax Returns.
Tax returns prepared by an accountant were turned over to the civil tax lawyer for the person being investigated by the IRS. The civil lawyer turned them over to a lawyer for the firm providing representation for the criminal tax investigation. That lawyer turned them over to the partner in charge of the criminal defense. The […]