Failure to Follow Legal Procedures Results in, well...Nothing!
In short, a DUI arrest led to a “notice to appear”. When defendant appeared, there was no filing. Months later, the prosecutors filed a new case without an arrest warrant or proper notice. After appearing and challenging this procedural failure by the prosecutors, the judges denied the motion to dismiss, contrary to what the legislature passed as a law which REQUIRED this compliance. On appeal, the court upheld the lower courts denials. Here is the language from the court, which came out today, basically acknowledging failure to follow the procedures but choosing instead to ignore that failure! The court basically said that because the attorney chose to appear and argue this jurisdictional issue, that WAIVED the issue…HUH? And they said that they could therefore ASSUME the notice was proper! Oh, lets just start ASSUMING guilt too! And how does the lawyer object to this, maybe YELL the objection from home?! Go figure:
"While certainly not the "new and separate citation" or "arrest warrant" prescribed by Penal Code section 853.6, subdivision (e)(3), the appearance of appellant‟s attorney on the precise date specified in the appearance letter is strong circumstantial evidence of actual notice of the filing of the charges. It would seem that notice to a defendant of the filing of criminal charges, and the prompt initiation of formal proceedings in connection with the charges, are the purposes behind the requirement of a new and separate citation or an arrest warrant. These purposes were served in this case once appellant‟s attorney made a appearance on appellant‟s behalf on June 23, 2009. We believe it would elevate form over substance to require a new citation or an arrest warrant under such circumstances. DISPOSITION
Los Angeles County Sheriff Lee Baca isn’t immune from liability in a racially motivated gang attack on an inmate at a county jail five years ago, a federal appeals court ruled Monday in sending the stabbing victim’s lawsuit to trial.
A panel of the U.S. 9th Circuit Court of Appeals ruled in February that Baca could be sued by the inmate, who alleges Baca is deliberately indifferent to unconstitutional conditions in the jails under his supervision.
The court addressed additional challenges of the lawsuit by Baca in Monday’s ruling, concluding that the inmate, Dion Starr, had made a plausible case against the sheriff for ultimate responsibility for the incident in which he was stabbed 23 times, including in the head.
In his lawsuit, Starr alleges a deputy unlocked his cell door, letting in Latino gang members who had massed outside the cell in which he was detained with another African American prisoner.
Unfortunately, eyewitness identifications are not always accurate. Likewise, there is even a jury instruction which warns jurors to be cautious about statements attributed to defendants if they are not recorded. Though the original suspect obviously had a criminal record, he apparently had been misidentified in this case, and therefore a tragedy of false identification and conviction was averted. As prosecutors are quick to point out sometimes that “even criminals can be victims of crimes”, not every person with a criminal record is guilty of the crime alleged, and false identifications are a serious problem.
City officials are considering a law that would prohibit private employers, landlords and city contractors from inquiring about an individual’s arrest or conviction history before determining whether that person is qualified for a job or housing.
If the law is approved, San Francisco would join Hawaii, New York, Massachusetts and Philadelphia in protecting most people with criminal records from blanket discrimination in the private job market. A handful of jurisdictions in Illinois and Wisconsin impose similar restrictions on landlords, and Seattle is now weighing a proposal comparable to San Francisco’s that does both.
Expunged State Court Drug Possession Conviction Doesn't Escape Deportation
A recent court case (Nunez-Reyes v. Holder) ruled that a STATE court conviction for drug possession that is expunged does NOT protect an immigrant from removal or deportation. If the case were a FEDERAL drug possession conviction, the person is protected. But a STATE court conviction? Not so. The old rule, Lujan-Armendariz v. INS, which indicated that equal protection allowed for protection whether it was a state court or federal court conviction, has been overruled. The though process is this: Congress knows what constitutes “simple possession” under federal statutes. So, Congress recognized that an expungement of a federal simple possession conviction will be the same from each and every federal circuit court. But Congress is ill informed of uniformity between the states when it comes to possession, and therefore relief from a “simple possession” charge from one state may be drastically different from a similar conviction from another state. Also, the charge itself may have been heavily negotiated down, and Congress is not in a position to know what the background of the charge actually entailed. As such, the new rule is this: a FEDERAL simple possession conviction that is expunged will still allow for removal/deportation relief. But a STATE simple possession conviction that is expunged does NOT allow for the same relief from removal/deportation.
And another thought: this applies prospectively based on the conviction date. So, if the person is convicted anytime after July 14, 2011, the new rule applies. Prior to? Lujan-Armendariz applies.
Always hire a lawyer that continues to stay educated and knowledgable about the ever changing laws! - Paul S. Geller “Defending Your Rights, Protecting Your Freedom.”
A man convicted of home invasion and serving 68 years is set to be released from prison under a law signed by Gov. Arnold Schwarzenegger allowing those deemed too disabled to no longer pose a threat to safety to be let out of prison.
About 1,600 inmates continued to take part in a hunger strike protesting conditions in the state prison system’s maximum-security isolation units, down significantly from the peak of roughly 6,600 strikers over the July 4 weekend, said Terry Thornton, a spokesperson for the California Department of Corrections and Rehabilitation.
A growing number of Los Angeles police officers who have used excessive force, driven while intoxicated, falsely imprisoned people or committed other serious misconduct are being let off without punishment as part of a new, controversial approach to discipline at the LAPD.
Instead of handing down suspensions without pay, as was the norm for such offenses, police officials increasingly are putting officers on notice that another gaffe of the same sort will bring a severe penalty and possible termination.
An Orange County Superior Court judge has ordered the district attorney’s office to remove its main investigator and three top deputies from the case against a group of college students accused of disrupting an ambassador’s speech at UC Irvine.
Judge Peter Wilson’s dismissal Thursday of the prosecutors attempts to remedy the D.A.’s unauthorized use of privileged documents to help build a case against the “Irvine 11,” a group of UC Irvine and UC Riverside students charged with conspiracy to disrupt a speech by Israeli Ambassador Michael Oren in February 2010.
WASHINGTON (Reuters) - A prosecutor will conduct a full criminal investigation into the CIA’s handling of two prisoners who died in U.S. custody, but about 100 other cases of alleged mistreatment by the CIA were closed, Attorney General Eric Holder said on Thursday.
The sexual assault case against Dominique Strauss-Kahn is on the verge of collapse as investigators have uncovered major holes in the credibility of the housekeeper who charged that he attacked her in his Manhattan hotel suite in May, according to two well-placed law enforcement officials.
Although forensic tests found unambiguous evidence of a sexual encounter between Mr. Strauss-Kahn, a French politician, and the woman, prosecutors now do not believe much of what the accuser has told them about the circumstances or about herself.
Since her initial allegation on May 14, the accuser has repeatedly lied, one of the law enforcement officials said.