Negligence and Michael Jackson

On October 2, 2013, a jury found AEG Live not liable for negligence in the case of KATHERINE JACKSON, ET. AL. VS. AEG LIVE LLC, ET. AL. (Los Angeles Superior Court Case #: BC445597). The case was filed by the family of Michael Jackson, one of the world’s biggest Pop Stars. The verdict shocked not […]
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Court Upholds Broad-Based Expungement

While some states restrict expungement of records to cases in which the defendant was innocent or wrongfully prosecuted, California is more willing than other states to give criminal defendants a fresh start following a criminal conviction. In People v. Parker, a June 24, 2013 decision from the Second Appellate District, the Court considered the case […]
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Man Held In Solitary Confinement For 41 Years

71-year-old Herman Wallace died on October 8, 2013, approximately one week after being released from prison in Louisiana. Mr. Wallace, a member of the Black Panthers and one of the Angola 3, was convicted of armed robbery in 1971 and sent to Angola State Prison. The next year, he was accused of fatally stabbing a […]
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Law Enforcement and Qualified Immunity

The Supreme Court of the United States of America is the highest court in the country. The Court hears cases that are on appeal from a United States Circuit Court decision. The Supreme Court can choose to overturn the opinion of the lower court, or they can rule Stare Decisis, which is Latin and translates […]
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Revenge Porn Now Illegal in California

In October 2013, California Governor Jerry Brown signed a law that expanded the definition of disorderly conduct and invasion of privacy. Senate Bill 255 outlaws so-called “revenge porn,” which involves the posting of private, pornographic photos of another person as a means of revenge against an ex-partner. The bill, which goes into effect immediately, specifically […]
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Expunging California Criminal Records

Expungement in California, particularly for expunging California criminal records, is a vital legal process for individuals aiming to conceal their criminal history from the public eye. This process, while not completely erasing the conviction, significantly lessens its impact, thereby enhancing opportunities in employment, housing, and other crucial aspects of life. Key Penal Code Sections for […]
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The 4th Amendment and Illegal Search of Property

As a citizen of the United States of America, it is always good to know your legal rights. Perhaps one of the most common questions that people ask is whether it is legal for police to search one’s personal property without the consent of the owner and/or a warrant? The 4th amendment forbids unreasonable searches […]
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Felony Pretrial Procedure

After the arrest and before the trial, there are a number of important events that take place in the life of a felony criminal case. Once a person is arrested, a judge determines the amount of bail. Bail cannot be tied to the evidence against the person — instead, the judge determines the likelihood that […]
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The Heat Of The Moment

A sudden passion can separate murder from manslaughter, in a legal sense — but, where is that line drawn? On June 3, 2013, the California Supreme Court delivered People vs. Beltran, (124 Cal.App.3d 335). Mr. Beltran shared a residence with Claire Joyce Tempongko and Ms. Tempongko’s son. While the son called Mr. Beltran “Dad,” Mr. […]
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Discovery In Criminal Cases

Traditionally, discovery in criminal cases was a one-way proposition: the prosecutor had a duty to disclose evidence to the defense, but the defense had no duty to reciprocate. That dynamic changed with Proposition 115. Proposition 115, narrowly approved by voters on June 5, 1990, made reciprocal discovery the rule in California criminal cases. While the […]
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Taking & Storing DNA Evidence During The Booking Process in California

On March 20, 2014, the U.S. 9th Circuit Court of Appeals upheld that California’s taking and storing DNA profiles from anyone arrested on suspicion of a felony is Constitutional. This caused a bit of controversy throughout the State, because some argue that this practice should not be legal. The state of Maryland practices the same […]
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