A bill wending its way through the state legislature would allow defendants in certain older life-without-parole murder convictions to ask to be resentenced, potentially making them eligible for parole. Judges would be asked to consider mitigating circumstances that are viewed differently today than pre-1990.
In this edition of “From the Classroom,” we explore whether it’s legal to serve a misdemeanor warrant after 10 p.m. if it’s not endorsed for night service. Some case law is clear, while some isn’t.
In this From the Classroom article, Raymond Hill discusses how important an officer’s experience and beat knowledge can be. It’s vital to understand the various cases that rely on what an officer observes and knows about his or her beat to articulate why a detention is legal, particularly before a crime has been committed.
In this latest edition of From the Classroom, we discuss the “flight, plus” rule and what it means for a detention or arrest. When a person runs after seeing police, is that enough to detain? It may be suspicious, but you likely will need to explain in more detail why you seized a person.
In this Legislative Update, we explore three recent law enforcement-related bill introduced in the California Legislature, two of which have failed and one that’s pending. Keep current on potential changes to the law and what they mean to you in your role within the legal community.
Set to go into effect on July 1, 2023, is new California Civil Code §§ 3273.50 to 3273.55 (AB 1594), authored by Assembly Member Phil Ting (D-San Francisco). The meat of this new legislation is contained in subdivision (c) of section 3273.51, and section 3273.52. Section 3273.51(c) mandates that a “firearm industry member shall not manufacture, market, import, or offer for wholesale . . . or retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk or harm to public health and safety in California.”
In Part I of our discussion of the Opinion Evidence Rule we explored when a lay person’s opinion using observations and descriptions is admissible. In Part II, we dig deeper into the quantification of evidence: speed, size, sound, physical characteristics and the properties of substances including drugs, blood and more.
When can non-expert opinions be admissible in court? In this article From the Classroom series, we discuss the Opinion Evidence Rule and when a lay person’s -- even a veteran officer’s -- observations and descriptions can be used to clarify for the trier of fact.
For three centuries, courts around the world have recognized that someone’s dying words are important – so crucial that they should be believed and allowed in court after the victim has died. We discuss the specifics here.
What if a witness recants their interview answers later in court? What if they can’t remember what they said? Their statements may be used in court if they meet one of the exceptions to the Hearsay Evidence Rule.
