CRJA – Judge Ignored Police Officer’s Implicit Bias

A violation of the California Racial Justice Act does not require intentional or purposeful bias. Such bias can be implicit, as here, where a police officer did not know defendant’s race, but pulled over the motorist because he was driving while wearing a hoodie, as was commonly worn by African Americans. To read a short article about the ruling at issue, please click on the following link – CRJA – Judge Ignored Police Officer’s Implicit Bias

If a State Court Habeas is Denied, How to Seek Review

Since an appeal of an order denying habeas relief is not allowed, one has to follow different procedures for challenging such a ruling. However, it is simple: just file a new petition for a writ of habeas corpus in the court of appeal, but do so promptly to preserve one’s rights to federal habeas relief, if needed. As to what should be included in such a new petition, read this article – If a State Court Habeas is Denied, How to Seek Review

Motion to Suppress Granted Based on Unlawful Detention

An unlawful detention exists when police find a man parked outside a parolee’s house and then place the police car, with its lights on, behind the suspect’s car and then surround the car with flashlights on and aimed at the parked driver. Police then open the parked car’s doors and search the car. To read more about this interesting case, please click on the following link – Motion to Suppress Granted Based on Unlawful Detention

Before Filing Habeas, Exhaust Administrative Remedies

A person in custody, including on parole or probation, must exhaust administrative remedies if he or she seeks to be free of certain prison or parole conditions, prison or parole policies, or actions taken by prison or parole staff. This requirement does not apply to habeas petitions challenging convictions or sentences, or civil commitments. To read more about exhausting administrative remedies, usually by filing a Form 602, please click on the following link – Before Filing Habeas, Exhaust Administrative Remedies

Compelled Use of Finger to Unlock Phone Illegal?

Police may force someone to use his or her fingerprint to unlock a cell phone. It is not testimonial in nature, so it is not a Fifth Amendment violation. It is similar to a forced blood draw, a forced handwriting example or a line up for a witness to then identify the suspect. To read more about a recent ruling on this issue, please click on the following link – Compelled Use of Finger to Unlock Phone Illegal?

Three Reasons a Habeas May Not Be Brought & Exceptions

A petition for a writ of habeas corpus may not be filed are when it substitutes for a late-filed direct appeal, meaning it raises issues that should have been argued on direct appeal instead; when it re-argues issues that were unsuccessfully argued on appeal; and when it re-argues issues that were already argued in a prior petition for a writ of habeas corpus. We often receive phone calls from people who want to do one or more of these three things. To read more about these three grounds, please click on the following link – Three Reasons a Habeas May Not Be Brought & Exceptions

SB 483 Resentencing After 3 Strike Reform Act Denial?

Senate Bill (SB) 483’s “full resentencing” provisions do not allow a second “Three Strikes Resentencing” hearing, for example if an earlier hearing resulted in a denial of Three Strikes resentencing, if the CDCR years later recommends resentencing under SB 483 (Penal Code § 1172.75) on, for example, a Penal Code § 667.5(b) one-year prison prior enhancement. To read more about this issue, please click on the following link – SB 483 Resentencing After 3 Strike Reform Act Denial?

Three Most Common Grounds for a State Habeas Petition

The three most common grounds for a petition for a writ of habeas corpus in state court are a claim or claims of ineffective assistance of counsel (IAC), a claim of new important evidence being revealed or discovered, and that there is a change in the law favorable to defendant. To read more about these three grounds, please click on the following link – Three Most Common Grounds for a State Habeas Petition

Domestic Violence Laws and “Friends with Benefits”

Our office has extensively litigated the “friends with benefits” issue insofar as judicial diversion. In our experience, we have had many hearings on what relationship facts establishes a relationship protected under the Family Code and thereby establishes the underlying offense as domestic violence, and thereby excludes the case from judicial diversion. The following case summary of a recent Fourth Appellate District ruling on the issue is the only published ruling on this issue. To read our summary, please click on the following link – Domestic Violence Laws and “Friends with Benefits”

When Can I File a State Court Habeas Corpus Petition?

While the right to file a state court petition for a writ of habeas corpus is broad, such a right must be exercised properly and usually, only as a last and final alternative (not a first option). It must be carefully presented, concisely and avoiding common errors. To read more about such a petition, please click on the following link – When Can I File a State Court Habeas Corpus Petition?