The United States Supreme Court on January 11, 2012, rendered a decision in Perry v. New Hampshire, that limits the ability of the defense to successfully attack a suggestive or unreliable identification of the defendant by an eyewitness. Eyewitness identification has long been the subject of commentary and even experiments.…
Recently, in Texas, a man was freed after serving 25 years in prison for a crime he didn’t commit. The Innocence Project was successful in overturning the conviction of Michael Morton when a piece of evidence in his case was re-tested and found not to contain the DNA of Morton…
As almost everyone on planet earth knows, Dr. Conrad Murray was convicted of Involuntary Manslaughter in the death of Michael Jackson. On November 29, 2011, Dr. Murray was sentenced to the maximum term of four years in State Prison. How did the judge determine that four years was the appropriate…
Dr. Murray killed Michael Jackson. No doubt about it since the jury found him guilty of involuntary manslaughter. He got sentenced to the maximum term of four years. Dr. Murray won his case when he got convicted. How can I say that when he went through a hard fought trial…
Recently I had the opportunity to teach a class to other attorneys. All attorneys are required to attend and complete mandatory continuing education classes on various issues in the law. One of those classes offered was “How To Defend A First Time DUI”. Since I am a Certified Specialist in…
“A party may not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of his or her race, color, religion, sex, national origin, sexual orientation, or similar grounds.” Code of Civil Procedure Section 231.5. If a…
A Defendant has a right to have a jury of his peers decide his fate. Twelve people drawn randomly from the community who come to the courthouse and vote on the guilt or innocence of the accused. The Constitution requires the selection come from a cross-section of the population of…
Unless a defendant is charged by way of a grand jury indictment he or she is entitled to a Preliminary Hearing. At a Preliminary Hearing a judge determines whether there is sufficient evidence against a defendant to justify going to trial. It is often called a probable cause hearing. Officers…
An elderly criminal defendant who commits a crime is in an especially difficult position. What does the criminal justice system do with a defendant who has violated the law but who is of an age where it makes no sense to put him in jail? An elderly defendant can be…
When you don’t like the judge you are in front of you are in trouble. There is a provision for changing your judicial officer but it must be used with caution. When a defendant doesn’t want a particular judge, commissioner, or referee to hear any matter that involves a contested…