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Articles 1 - 18 of 18
Full-Text Articles in Law
Know Every Document And Piece Of Evidence In Your File, Rachel Brockl
Know Every Document And Piece Of Evidence In Your File, Rachel Brockl
Publications
Knowing every document and piece of evidence in your case file is imperative to competent preparation of your case. While this may sound obvious, many attorneys fail to follow this advisement to their own peril. The reasons for knowing your case file in and out are threefold: (1) you want to be the case master, (2) you do not want to be caught off-guard, and (3) your reputation is on the line.
The Sky Is The Limit: Regulating The Next Generation Of Privacy Invasion, Laura Patty
The Sky Is The Limit: Regulating The Next Generation Of Privacy Invasion, Laura Patty
GGU Law Review Blog
No abstract provided.
Why Cops Lie, Peter Keane
Why Cops Lie, Peter Keane
Publications
Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.
Ninth Circuit Strikes Out On Hearsay, Peter Keane
Ninth Circuit Strikes Out On Hearsay, Peter Keane
Publications
The recent Ninth Circuit U.S. Court of Appeals opinion, United States v. Barry Bonds , is a murky distortion of an important Federal Rule of Evidence. Quite apart from any celebrity status about a decision regarding the upcoming perjury trial of the former Giants' slugger, the ruling significantly affects the admissibility of evidence in the federal courts in an unfortunate and erroneous way.
Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter
Repeating, Yet Evading Review: Admitting Reliable Expert Testimony In Criminal Cases Still Depends Upon Who Is Asking, Wes R. Porter
Publications
A trial court must find that the proponent of expert witness testimony has set forth adequate evidence that the testimony is based upon reliable methods and will be helpful to the trier of fact. Much has been written regarding the reliability prong since the Supreme Court’s decision in Daubert v. Merrell Dow Pharm., yet a severe prejudice to the criminally accused persists today in some trial courts’ analyses of the often overlooked helpfulness prong. Despite the straight-forward articulation of helpfulness, described as “fit” or mere relevance, some trial courts apply the helpfulness prong differently depending upon whether the expert testimony …
Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White
Saving Face: The Benefits Of Not Saying I'M Sorry, Brent T. White
Publications
No abstract provided.
Probable Cause To Arrest And Admissibility Of Evidence, Bonnie Lee Martin
Probable Cause To Arrest And Admissibility Of Evidence, Bonnie Lee Martin
California Agencies
Following the decision in People v. Cahan, in April of 1955, California adopted as a judicially declared rule of evidence, that illegally obtained evidence would be inadmissible in a criminal proceeding. There are only a few general statutes governing the laws of arrest which aid the court and police officers in determining whether a given arrest is lawful and a search and seizure of evidence proper. 'l'hus it remained for judicial decisions to define and answer the problems which have arisen in this area. Since our digest systems are never quite current and since to my knowledge, these cases …
People V. Berve, Jesse W. Carter
People V. Berve, Jesse W. Carter
Jesse Carter Opinions
Threats and coercion by others than police rendered a confession later obtained by the police inadmissible because the right to a fair trial extended beyond police activity.
People V. Wilburn, Jesse W. Carter
People V. Wilburn, Jesse W. Carter
Jesse Carter Opinions
Although defendant engaged in a shoot-out with a retired police officer who walked in on a robbery, the evidence pointed to the conclusion that a bullet fired from defendant's gun killed a decedent. Thus, he was guilty of first-degree murder.
People V. Beard [Dissent], Jesse W. Carter
People V. Beard [Dissent], Jesse W. Carter
Jesse Carter Opinions
A motion for a new criminal trial was denied because defendant did not show that the decision to rely on his own testimony was other than his own or that the evidence presented was evidence that he could not have discovered and produced at the trial.
People V. Farrara [Dissent], Jesse W. Carter
People V. Farrara [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although the record contained no justification for the authorities' warrantless arrest of defendants and warrantless search of their home, the court would not presume that the authorities acted illegally; defendants were not entitled to a new trial.
People V. Citrino [Dissent], Jesse W. Carter
People V. Citrino [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's possession of tools that had been taken in a burglary could be inferred from the fact that the tools had been abandoned, and defendant's recently driven car was found nearby.
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although defendant's conduct observed by an officer did not of itself constitute reasonable cause to believe she was committing a felony, it was sufficient to justify the officer's reliance on information regarding defendant's bookmaking.
People V. Martin [Dissent], Jesse W. Carter
People V. Martin [Dissent], Jesse W. Carter
Jesse Carter Opinions
Officers' search of a car without a warrant was justified by presence of two men on a lover's lane at night and the suspects' sudden flight upon the approach of the officers. The officers could search the car for weapons before questioning the men.
People V. Blodgett [Dissent], Jesse W. Carter
People V. Blodgett [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a prosecutor had improperly focused the jury on defendant's alleged prior heroin use, defendant's marijuana possession conviction was not reversed when the prosecutorial misconduct did not result in a miscarriage of justice.
People V. Carmen [Dissent], Jesse W. Carter
People V. Carmen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Evidence of another crime, part of the same criminal act for which defendant was on trial, was admissible at defendant's trial.
People V. Robinson [Dissent], Jesse W. Carter
People V. Robinson [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where there was prima facie proof of the existence of a conspiracy, testimony concerning a co-conspirator's statements in furtherance of the conspiracy, though made in the absence of defendant, was admissible as an exception to the hearsay rule.
San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
City and employer was entitled to writ prohibiting order for the inspection of certain documents because the right to inspection could be curtailed where it was outweighed by the public interest in preserving confidential information.