POTPOURRI
In 2021, CA law changed making probation 2 years in most felonies. These were the exception.
Name 5
What are:
Murder, Voluntary Manslaughter, Mayhem, Rape, Sodomy, Lewd or Lascivious Acts, Robbery, Arson, Attempted Murder, Kidnapping, Carjacking, Extortion, Threatening a Witnesses or Victim, 1st Degree Burglary, any crimes enumerated under Penal Code 667.5, and DUI
This enhancement can elevate a PC 273.5 to a strike.
What is PC 12022.7?
This 1974 Decision held criminal defendants have the right to access the arresting officer's personnel file when the defendant alleges the officer lied about the circumstances of the arrest or used excessive force.
What is Pitchess v. Superior Ct.?
What is PC 1000
"If it doesn't fit, you must acquit!"
Who is Johnny Cochran?
What is a rebuttable presumption of service?
This program at the Shasta County Public Defender aims to intervene early in non-serious felonies; where, the client is charged with a prior strike and has substance or mental health issues that would benefit from treatment.
What is the GRT program?
This recent case held the defendant's financial situation should be considered when setting bail.
What is In Re Humphrey?
This motion should be made at the close of the State's evidence in a criminal trial.
What is an 1118.1?
"Exactly. Because isn't the first cardinal rule of perm maintenance that you're forbidden to wet your hair for at least 24 hours after getting a perm at the risk of deactivating the immonium thygocolate?"
Who is Elle Woods?
Your client is charged with a DUI. She says she thinks someone slipped something into her drink at Win-River. A good defense theory may be _______.
What is involuntary intoxication?
If a client is charged with a serious and violent felony, they will get _______ credits while serving their sentence.
What is 15% good conduct?
This case affords indigent defendants an opportunity to ask the court to appoint a different attorney.
What is People v. Marsden?
This type of motion should be made following preliminary hearing when there is not sufficient evidence to hold the defendant to answer on the charges.
What is a 995?
"You never really understand a person until you consider things from his point of view. Until you climb inside of his skin and walk around in it."
Your client is charged with possession of a SAP. The search is legal. Your best defense is ________.
Possession for a legitimate legal use.
What is upon admission to the custody of the CDC?
This case arising from an incident in Redding, CA, allows for a 2nd degree murder charge in a DUI resulting in death.
What is People v. Watson?
This code section provides that an act or omission may not be punished in multiple ways in sentencing.
What is PC 654?
"So, Mr. Tipton, how could it take you five minutes to cook your grits, when it takes the entire grit-eating world 20 minutes?"
Who is Vincent LaGuardia Gambini?
Your client robs a bank. He tells you he only did it because there was a cartel member threatening to kill his family if he didn't rob the bank. Your best defense is ________.
What is duress?
This law established a review process for inmates serving a life sentence. It allows for resentencing and early release for non-violent or non-serious third strike offenses.
What is Prop 36?
This SCOTUS case, arising out of California, established a warrant requirement for the search of cell phones and electronic devices.
What is Riley v. California?
In a 1538.5 motion, the prosecutor tries to call an officer who was not a percipient witness to the search, but only heard about the facts from another officer. Your best objection under these three cases ______.
What are Harvey-Madden, Remer?
"Injustice anywhere is a threat to justice everywhere."