Number of Juror Challenges May be Changed Number of Juror Challenges May be Changed . California Senate Bill (SB) 213 would reduce the number or peremptory challenges in a misdemeanor trial from 10 down to 6. The theory is that this will “speed up justice”. During jury selection, many people have prejudices they will not admit out loud.…
Prison Fire Camps Prison Fire Camps . Over the 30-something years I have been a California lawyer, I have learned about fire-camp from the inmate’s point of view. Young healthy inmates who have a prison sentence to serve for a non-violent crime have often asked about going to “fire camp”. California prisoners have wanted the excitement and the…
California Anti-Bullying Laws California Anti-Bullying Laws . All of us have heard of the dangers of bullying. Bullying has been alleged to develop students into mass school-shooters. It has been cited as the cause of teenage or young adult suicides. Bullying is basically harassment, most often harassment by groups of people as opposed to one individual. Of course,…
The Conflict Between California and Federal Online Child Pornography Laws The Conflict Between California and Federal Online Child Pornography Laws . Two California Appellate court cases within the last 5 years have stated that California Penal Code Section 311.11 applies to files located computer’s “cache” are “knowingly possessed” within the meaning of the California child pornography statute.…
California State Senator Yee Indicted California State Senator Yee Indicted . On March 27, 2014, California State Senator and former candidate for mayor of San Francisco Leland Yee was criminally indicted by a federal grand jury for trafficking in firearms and corruption. Yee has been involved in local and state politics for many years and was running…
The Associated Press (AP) recently published an article stating the federal Department of Health and Human Services (HHS) has approved funding for a study on the effectiveness of medical marijuana treatments for military combat veterans returning from Afghanistan with symptoms of PTSD—anxiety, insomnia, nightmares, panic attacks, etc. Doctors have long believed that inhaling or smoking marijuana may calm…
Several news outlets recently published stories about Daniel Johnson, a 26 year old California man who filed a lawsuit against the Los Angeles County Sheriff’s Office for excessive force. The complaint alleges that Johnson was inside his parents home, when someone knocked on the door and told him his father was receiving a ticket for…
The state of California has always allowed possession of firearms inside the home by law-abiding persons. However, the state does not allow carrying concealed firearms outside the home without a permit. These permits are issued by the various counties. In a surprise decision, the Federal 9th Circuit court, which covers California and other Western states, ruled that a county…
In June 2013, the United States Supreme Court decided Salinas v. Texas. The effect of this decision further nips away at our 5th Amendment Constitutional right to remain silent—part of what we all hear on cop TV shows and movies as our “Miranda rights.” In that case, Mr. Salinas voluntarily went to the police department to clear his name…
I have often been asked if an employer can still learn about a criminal conviction after a defendant has obtained a record clearance. Since the file still remains in the courthouse, I have always said the conviction is still visible if the employer wants to look. GOOD NEWS FOR 2014—California Labor Code section 432.7 now prohibits both public…