SCOTUS
In Powell v. Alabama (1932) SCOTUS held these indigent "boys" had the right to adequate legal counsel in a capital case.
Who are the Scottsboro boys?
People v. Gutierrez (2013) 214 CA4th 343, 355 states that Brady v. Maryland applies to Preliminary Hearings. This is the standard for determining whether it applies to the evidence at issue.
What is whether there is a reasonable probability the magistrate's probable cause determination would be altered.
3 strikes and you're out. Unless the D.A. charges this enhancement, then one strike can get you 25-Life.
What is PC 667.61?
or a SuperStrike
This type of plea should be approached with caution, as it can result in decades of civil commitment, even if the client is "Not Guilty!"
What is an NGI plea?
A great way to avoid prison for a client with a strike.
What is delayed sentencing to complete a treatment program with a lid or an agreement to strike a strike?
Justice Frankfurter first put this dangerously tasty doctrine on the map in Nardone v. United States (1939), holding that evidence obtained from warrantless wiretaps was inadmissible in a criminal proceeding.
What is fruit of the poisonous tree?
You have ___ court days to file a 1538.5 motion to be heard along with a preliminary hearing.
What is 5?
"Hey, my celly told me about this awesome law! He says I can get early parole if I sign up for this fire camp. I can get fire camp if I'm not a 290, arsonist or have a history of escape by force."
- (What law is this client talking about)
What is prop 57?
Sure, you're client was pulled over for a DUI and blew a .21, but she was running away from an abusive boyfriend. You may have this defense.
What is Necessity?
When declaring a doubt on a client it may be a good idea to request the doctor opine on the client's suitability for ________.
What is mental health diversion?
This Florida man's habeas petition trumpeted across the land. It was music to the ears of many indigent defendants.
__________ is the remedy if the preliminary hearing is not held within 10 court days for your in-custody client?
Dismissal, but you can make motion to release client on OR
"Hey, I don't wanna plead to this felony for possession while I'm a 290. I want that thing, PC1000. Can I get it?"
What is, sure if you don't have a felony within the last five years?
It is a misnomer that these snacks were the cause of Dan White's murderous rampage. Actually, the defense attorney just argued their consumption was an indicator of their, normally fitness -focused client's depression.
What are Twinkies?
Penal Code Section 1001.20 is commonly referred to as _________?
Far-Northern or Dual Agency Diversion
What is Arizona?
_________ is the cardinal rule in advising a client about their decision to go to prelim.
What is DO NO HARM?
"Good news! You're under 26, so you may qualify for this program that provides options for early parole."
What is the Youthful Offender Program?
These are the three necessary elements of self-defense according to CAL CRIM 3470.
What are:
Rx belief of imminent danger of bodily injury or unlawful touching of self or someone else.
D rx believed the immediate use of force was necessary to defend against that danger.
D used no more force than reasonably necessary to defend against the danger.
What is BHC?
*Sniff, this case held drug dogs don't require a warrant to do their thing.
What is Illinois v. Caballes (2004)?
Is discovery required before preliminary hearing?
Technically no, unless an informal motion for discovery has been filed within 15 days. Penal Code Section 1054.5(b)
or The info falls under Gutierrez
Your client has two prior strikes, he commits a felony while armed with a firearm. What is his exposure?
25-L
People v. Frutoz (2017) 8 CAl.App.5th 171
(also defines "Three Strikes" laws as an alternative sentencing scheme and not an enhancement)
These factors are considered when elevating a DUI where death results to a 2nd degree murder charge.
(3/4 gets points)
What are:
- Pre-drinking intent to drive
- High BAC
- Aware of the hazards of DUI
- Some evidence of bad driving
This penal code section allows a judge to grant misdemeanor diversion over the prosecutor's objection.
What is PC 1001.95?