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Full-Text Articles in Law
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.
People V. Granados [Dissent], Jesse W. Carter
People V. Granados [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.
People V. Craig, Jesse W. Carter
People V. Craig, Jesse W. Carter
Jesse Carter Opinions
Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.
People V. Duroncelay [Dissent], Jesse W. Carter
People V. Duroncelay [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.
People V. Moore [Dissent], Jesse W. Carter
People V. Moore [Dissent], Jesse W. Carter
Jesse Carter Opinions
A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.
People V. Hardenbrook, Jesse W. Carter
People V. Hardenbrook, Jesse W. Carter
Jesse Carter Opinions
The prior consistent statement of a witness was properly admitted to refute an inference of recent fabrication of the testimony. A lay witness was not competent to testify as to defendant's ability to commit premeditated murder.
People V. Riser [Dissent], Jesse W. Carter
People V. Riser [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a capital murder prosecution, a trial court's grant of the prosecution's challenge to a juror, who stated that in no event would he vote for the death penalty, was not error.
People V. Linson, Jesse W. Carter
People V. Linson, Jesse W. Carter
Jesse Carter Opinions
Defendant was properly convicted of second degree burglary because there was sufficient evidence to sustain the verdict, and the prosecutor did not commit prejudicial misconduct in his closing argument to the jury.
People V. Cole [Dissent], Jesse W. Carter
People V. Cole [Dissent], Jesse W. Carter
Jesse Carter Opinions
Medical opinion as to whether the victim's wound could have been self-inflicted was admissible and sufficient evidence supported the verdict finding defendant guilty of first-degree murder.
People V. Penny, Jesse W. Carter
People V. Penny, Jesse W. Carter
Jesse Carter Opinions
A conviction for involuntary manslaughter was reversed because the jury was erroneously instructed on a civil standard of negligence rather than criminal negligence and the lack of due caution and circumspection.
People V. Costa [Dissent], Jesse W. Carter
People V. Costa [Dissent], Jesse W. Carter
Jesse Carter Opinions
A deceased passenger's statement that defendant caused an automobile accident was admissible in defendant's trial for manslaughter as a spontaneous declaration.
People V. Dessauer, Jesse W. Carter
People V. Dessauer, Jesse W. Carter
Jesse Carter Opinions
A defendant's murder trial did not violate due process where evidence was in form of transcript testimony taken at preliminary examination, agreed to by defendant's counsel and, showed that the issue of guilt and sanity were separately considered.