Common Law: Court has no jurisdiction over defendant once execution of sentence commences Under the common law, once execution of the sentence has commenced or the trial court relinquishes custody over the defendant, the trial court no longer has jurisdiction over a defendant. If trial court retains the actual or…
Law enforcement may use social media to gain incriminating information about a suspect. A jury convicted Chaz Nasjhee Pride of robbery and found true allegations he committed the robbery for the benefit of a criminal street gang. Pride argued that his rights under the Fourth Amendment to the United…
Police in Indians arrested seized Tyson Timb’s for dealing in a controlled substance and conspiracy to commit theft. They seized his Land Rover that he had purchased for $42,000 with money he received from an insurance policy when his father died.Timbs pleaded guilty and the State sought forfeiture of his…
In a death penalty case, the California Supreme Court concluded that the trial court improperly excused at least four prospective jurors for cause and reversed the defendant’s death sentence while affirming his conviction. In a capital case, the erroneous excusal of even one prospective juror for cause requires automatic reversal…
The California Court of Appeal held that the prosecution in this case was not required to grant use immunity to a prosecution witness who invoked his right of self-incrimination at trial instead of introducing the witness’s preliminary hearing testimony under the provisions of Evidence Code section 1291.1, the hearsay and…
Here are some of the significant changes to Criminal Laws in 2019. Post-conviction Discovery • Under existing PC 1054.9, a person sentenced to death or LWOP is entitled to post-conviction discovery to file a habeas or motion to vacate judgment. Amendments expand this right to defendants sentenced to:any case in…
The Court of Appeal reversed the trial court’s sanctions imposed on a San Francisco Public Defender for failing to provide the prosecution with the name and statements taken from a witness called by the co-defendant’s lawyer. The Public Defender asserted that the trial judge improperly imposed a $950 sanction on…
The San Francisco Superior Court granted a motion to suppress a handgun found in a car that was searched by a Police Officer after he smelled the weaker odor of unburnt marijuana. The car, driven by a husband on a date-night with his wife, was stopped on the Embarcadero for…
On February 6, 2018, San Francisco introduced legislation to eliminate all criminal justice administrative fees and cancel all outstanding debt from these criminal justice fees. The ordinance changed the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriff’s Work Alternative Program, the automated county warrant system,…
Californians with criminal records face obstacles and barriers to employment. For example, Uber has announced more intense screening of its drivers, including background checks every two years and checks on new criminal and DUI charges. But recent laws limit how employers may use an applicant’s criminal history and open licensed…