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.…
Orange County Criminal Defense Lawyer Blog
IN LOS ANGELES, CA, DO VIDEOTAPES OF A POSSIBLE CRIME HELP OR HURT THE DEFFENDANT?
Recently, a video was seen on television showing a Los Angeles Sheriff’s Deputy questioning a woman on a train. The woman was facing two deputies. One was a woman and one a man. Both deputies were in uniform and both were substantially larger than the woman they were contacting. During…
Recent Supreme Court Case Requiring Search Warrant for GPS Device
On January 23, 2012, the United States Supreme Court issued it’s decision in United States v. Jones. The Jones decision is noteworthy because it requires law enforcement to obtain a warrant when using a GPS device. A look at the facts in Jones is necessary to understand the Court’s reasoning.…
A WASTE OF THE COURT’S TIME AND MONEY IN LOS ANGELES, CA
How many criminal cases are in the courthouse that don’t belong there? Plenty, that’s clear from a recent case in the Los Angeles County Court. A homeowner gets cited for his dog running loose. The citation is for a misdemeanor because the County Ordinance carries the possibility of six months…
IN ORANGE COUNTY, CA, WORKING IT OUT AS A VICE COP
Getting assigned to vice as a police officer is tough assignment. Often times the required duties take the officer into dangerous situations. Quick thinking is often a necessity. Tension can build to the breaking point. How to relieve all that tension? The vice cop has found the answer. He gets…
WHAT HAPPENS WHEN PROSECUTORS WITHHOLD EVIDENCE?
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…
Sentencing Dr. Conrad Murray
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 Won His Case Before it Ever Started
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…
Orange County, CA Veterans and the Criminal Justice System – Part 2
Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) is a real problem in our veterans returning from combat deployments. Many times the conditions are not diagnosed until the veteran becomes a defendant in the criminal justice system. How the criminal justice system deals with these defendants is a…
Orange County, CA Veterans and the Criminal Justice System — Part I
Veteran’s Day is celebrated once every year by the country. Yet the sacrifice by our veterans is not always so easily recognized any day in the current criminal court system. Often times I represent men and women who have served our country both in actual combat and in supporting roles.…