Can Police Enter a Home When They are Chasing a Person for a Misdemeanor?
Can Police Enter a Home When They are Chasing a Person for a Misdemeanor? The Fourth Amendment to the United States Constitution and article I, section 13 of the California Constitution protect against warrantless entry by police into a residence to seize a person, because this seizure is presumptively unreasonable and lawful absent exigent circumstances. However, exigent circumstances may arise when officers are responding to or investigating criminal activity, such…
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“Harmless Errors” By the Court May Not Affect the Verdict
“Harmless Errors” By the Court May Not Affect the Verdict People v. Schultz (2020) Defendant Michael Schultz (“Schultz”) was convicted of first-degree murder of Cynthia Burger (Penal Code § 187(a)) by a jury, finding true the special circumstance allegations that the murder was committed while Schultz was engaged in the commission of rape and burglary (PC § 190.2(a)(17)(C),(G)). After the penalty phase trial, the jury returned a verdict sentencing Schultz…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the attendant…
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What duty does an attorney owe to their client?
What duty does an attorney owe to their client? In the U.S. Constitution, the Sixth Amendment guarantees a criminal defendant the right to an attorney for assistance with their defense. To supplement that law, Rule 1.1 of Professional Responsibility states that “a lawyer shall provide competent representation to a client”. The client-lawyer relationship is extremely important, and lawyers owe a duty to their clients to provide zealous representation. When that…
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Changes to the Felony Murder Statute in California SB 1437
Changes to the Felony Murder Statute in California SB 1437 In 2018, the Legislature enacted Senate Bill No. 1437, which amended the felony murder statute to read that a defendant is only guilty of felony murder if he: actually killed the victim, directly aided and abetted or solicited in the killing, or otherwise acted with the intent to kill; or was a major participant in the underlying felony and acted…
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Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California?
Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether the use of meth by a pregnant woman is reckless and deliberate enough to elevate the death of a fetus from manslaughter to murder? And if it is, does such a charge of murder create a slippery slope against other actions that may be considered ‘reckless and deliberate’ enough…
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In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle
In California, the Mere Presence of Lawfully Possessed Marijuana in a Vehicle Does Not Provide Probable Cause for Police to Search the Vehicle The Fourth Amendment to the U.S. Constitution provides the people have a right to be secure in their person, houses, possessions, and papers and that the government (i.e., police officers) cannot conduct a search or seizure, absent probable cause and the issuance of a warrant. However, there…
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California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence
California Penal Code 1170.95 Empowers Anyone with a Felony Murder Charge to Shorten Their Sentence On September 30, 2018, the California Legislature passed Senate Bill No. 1437, which became effective January 1, 2019. This bill made changes to felony murder and murder under a natural and probable consequences doctrine. Before Senate Bill No. 1437, defendants could be charged with murder even if they were not the actual killer, did not…
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UPCOMING CHANGES TO PROBATION IN CALIFORNIA
UPCOMING CHANGES TO PROBATION IN CALIFORNIA 2021 will bring about many changes much needed changes to our criminal justice system. One of these changes is California Assembly Bill 1950 [AB 1950]. AB 1950 changes the existing law to set the maximum term of probation for most misdemeanor cases to one year and the maximum term of probation for most felony cases to two years. What Is Probation? After being convicted…
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What is the Right to Waive a Jury Trial?
What is the Right to Waive a Jury Trial? In criminal prosecutions, the defendant may decide whether he or she would like to waive the right to a jury trial. Should the defendant choose to waive this right, the defendant will have what is called a bench trial that is conducted by a judge alone. Sometimes, the court may find a defendant incompetent to waive his or her right to…
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