Case Name: People v. Townsend , District: 2 DCA , Division: 6 , Case #: B216325
Opinion Date: 3/15/2010 , DAR #: 3884
Case Holding:
Possession of a Molotov cocktail is an offense involving an implied threat to use force or violence within the meaning of the Mentally Disordered Offender Act (Pen. Code, § 2962). Appellant challenged his [...]
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In 2008, the State of California spent $22 million to house sex offenders on parole who must abide by Jessica’s Law or Proposition 83. The proposition prohibits registrants from living within 2,000 feet of schools, parks, and other places where children often are present. The enforcement of this law has driven many parolees into homelessness. [...]
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Case Name: People v. Carter , District: 2 DCA , Division: 8 , Case #: B210203
Opinion Date: 2/26/2010 , DAR #: 3036
Case Holding:
The trial court was not required to hold a hearing where defendant did not make a Marsden motion at his arraignment. At his arraignment on robbery charges, appellant asked [...]
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At the Law Offices of Douglas Slain, in Santa Clara, California, we represent the accused, including DUI, throughout the San Francisco Bay Area, including Oakland, Alameda, Berkeley, San Ramon, Antioch, Carmichael, Stockton, Redwood City, San Francisco, San Jose, Contra Costa County, Marin County, San Francisco County, and San Mateo County, California.
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Case Name: People v. Hernandez , District: 5 DCA , Case #: F056015
Opinion Date: 2/18/2010 , DAR #: 2544
Case Holding:
CALCRIM Nos. 968 and 401 together adequately instruct jurors as to the mental state requirement for aiding and abetting, and need not be repeated in conjunction with the instruction for the underlying offense. Appellant [...]
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People v. Martinez
Police do not have a duty to stop and clarify an ambiguous assertion of the right to remain silent; like the right to counsel, it must be unambiguously and unequivocally asserted.
Police were investigating appellant regarding assault, when they became suspicious he was involved in other crimes. Appellant’s statement at the first [...]
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I’m often asked the difference between a Misdemeanor and Felony charge. I hope you find the following helpful.
A misdemeanor is deemed a minor crime, in contrast to a felony. A misdemeanor usually is an offense that may be punished summarily by fine and by imprisonment for less than a year. Commission of a misdemeanor does [...]
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a proposed solution to prison overcrowding in California’s prisons
“Prisons of Parole,” an article in the January 10, 2010, edition of New York Times Magazine, written by Jeffrey Rosen, a law professor at George Washington University, offers a possible solution to California’s notorious prison over-crowding.
A large number of state prisoners are there due to parole violations.
Therefore, [...]
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Think you should appeal?
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