Articles Posted in Evidentiary Issues

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Navigating the criminal justice system can be complex, particularly when it comes to understanding the rights and processes involved in challenging a conviction or sentence. For those seeking to overturn wrongful convictions or address issues related to imprisonment, the state petition for writ of habeas corpus is a critical legal tool. This guide, based on information from the California Prison and Parole Law Handbook, provides a detailed analysis of the habeas corpus process, making it a valuable resource for anyone in need of legal guidance, especially those considering the expertise of a California Criminal Defense and Appeals Lawyer.

What is a Petition for Writ of Habeas Corpus?

A petition for writ of habeas corpus is a legal action that allows individuals to challenge their unlawful imprisonment or restraint. This legal remedy is available to anyone in custody under the authority of California state or local officials, including those in prison, county jail, juvenile detention, or state hospital commitments under Sexually Violent Predator (SVP) or Mentally Disordered Offender (MDO) laws. The broad scope of habeas corpus petitions in California encompasses both criminal law issues and prison or parole law issues and can be based on state or federal law.

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Navigating the criminal justice system can be a daunting task, especially when it comes to the intricacies of the appeals process. For those convicted of crimes in California, understanding the rights and procedures related to direct appeals is crucial. This article provides a comprehensive analysis of the appeals process. This guide is particularly valuable for individuals seeking the expertise of a California Criminal Defense and Appeals Lawyer.

Introduction to Direct Appeals

Any person convicted of a crime in California has the right to a direct appeal from the final judgment, typically the commitment to prison or other sentencing orders. Direct appeals are also available to those who have been civilly committed as Mentally Disordered Offenders (MDOs) or Sexually Violent Predators (SVPs). The appeals process is an essential legal mechanism, allowing higher courts to review potential legal errors made during the trial or sentencing that could have affected the outcome.

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At Power Trial Lawyers, our criminal defense attorneys represent individuals who are facing criminal prosecution or are being considered for resentencing. In this article, we will discuss resentencing pursuant to Penal Code 1170(d) in context of the court’s decision in People v. Heard.

1. What is the People v. Heard case about?

Answer: The People v. Heard case is pivotal in California juvenile sentencing law. It involves a juvenile offender, Frank Heard, sentenced to 23 years plus 80 years to life for crimes committed at ages 15 and 16. Heard filed a petition under Penal Code §1170(d)(1), which allows juveniles sentenced to life without parole to seek resentencing after serving 15 years. The Court of Appeal ruled that juveniles given the “functional equivalent” of life without parole could also request resentencing, ensuring equal protection under California law. This case is crucial for California criminal defense attorneys handling juvenile cases.

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Introduction

California’s legal landscape is ever-evolving, and recent changes to firearms enhancement laws significantly impact defendants facing charges involving firearm use. Penal Code sections 12022.5 and 12022.53 outline mandatory sentence enhancements for felonies committed with a firearm, adding years to a defendant’s sentence. However, recent amendments now grant judges discretion to strike these enhancements in the interest of justice. This article explores the implications of these changes, detailing applicable convictions, the exercise of judicial discretion, and the broader impacts on sentencing. For the most updated information, you should consult with a California Criminal Defense attorney.

This article will cover the following topics:

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When facing manslaughter charges, the stakes have never been higher. Your rights, freedom, and future hinge on the legal representation you choose. At Power Trial Lawyers, we understand the uncertainty and intense pressure that comes with such severe allegations. Our seasoned defense attorneys possess the strategic knowledge and tenacity needed to navigate the complex landscape of the American legal system, offering help to those under the torment of manslaughter charges. As the accused, you have rights, and it’s vital to ensure they are defended rigorously and meticulously.

At Power Trial Lawyers, our unyielding commitment to your protection and freedom is paramount. For more information or to discuss your specific circumstances in confidence, contact us at (213) 800-7664 for your Free Consultation. We stand ready to battle on your behalf because you are not just a case number, you are considered a part of our Power Trial Lawyers family.

Definition of Manslaughter

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At Power Trial Lawyers, we understand the profound impact a criminal charge can have on your life. Our skilled and dedicated team relentlessly pursues every possible angle to defend your rights and secure your freedom. With a rich history of representing criminal defendants across a myriad of charges, we possess an in-depth understanding of the American legal system and the tactics necessary for a vigorous defense. Our absolute commitment to your case distinguishes us as a reliable ally during your legal battle. We navigate through the intricate legal maze, ensuring every aspect of your case is meticulously handled. Reach out to us at (213) 800-7664 for a free consultation to discuss your situation. At Power Trial Lawyers, we are your fortress amidst the tumultuous sea of criminal law, upholding your rights and protecting your future.

Burden and Standard of Proof in Criminal Cases

Accused of a crime? Remember, at our distinguished law firm, we firmly believe and uphold the fundamental presumption of innocence until proven guilty – a cornerstone of American jurisprudence. Accusations, allegations, and charges do not define you, establish guilt, or predict outcomes. These are simply legal hurdles that our experienced lawyers can help you navigate through. The prosecution always bears the heavy duty of proving each element of a criminal charge. It is not enough to merely suspect or believe you to be guilty, they must present irrefutable proof beyond a reasonable doubt to satisfy the strict requirements of the law. Our lawyers understand the complexity of this burden and use it to your advantage.

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California’s felony sentencing guidelines are established by the California Penal Code and the California Rules of Court.

  • The California Penal Code (Section 1170) sets forth the basic framework for felony sentencing in the state, including the three strikes law, determinate sentencing, and alternative sentencing options such as drug treatment programs and community service.
  • The California Rules of Court (Rule 4.408) provides more detailed information on the sentencing process, including the procedures for imposing and challenging a sentence, the calculation of good conduct credits, and the rules governing parole and probation.
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California Court of Appeals rules for Power Trial Lawyers client after the firm successfully brought a Writ of Habeas Corpus. The Appellate Court remnded the case back to the Superior Court for an evidentiary hearing.

Power Trial Lawyers, P.C. successfully argued a client’s case in the California Appellate Court, Second District, forcing the case back to the Los Angeles County Superior Court for an evidentiary hearing.

On December 1, 2022, after nearly 20 months of review, the California Appellate Court, Second District issued an order in a Power Trial Lawyers, P.C., case that involved a client who was deprived of their right to effective counsel. Even worse, at the trial level, the Client’s former attorney did not properly object to the admission of contents of the client’s cell phone that was obtained from a warrantless search pursuant to Penal Code § 1538.5 and Riley v. California (2014) 573 U.S. 373. 

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Earlier this year, the California Supreme Court reversed the death sentence Scott Peterson received after being convicted for the 2002 murder of his wife and unborn child. In more recent news, the state’s high court ordered a trial judge to review the merits of one of Peterson’s post-conviction claims.

Specifically, the high court was concerned about Peterson’s claim that one of the jurors on his case failed to disclose that she had once feared for her unborn child when her boyfriend’s ex-girlfriend harassed her. Evidently, the juror had to take out a restraining order against the woman, who was charged based on the juror’s allegations and ultimately spent a week in jail.

The juror’s failure to disclose this pertinent information, Peterson argued, consisted of “prejudicial misconduct.” In Peterson’s court filings, he notes that the juror seemed as though she “wanted” to be on the jury so that she could convict Peterson for his alleged crimes. Peterson notes that the juror’s employer did not offer to pay her for the time she would be on the jury, and that she agreed to sit on the jury even though it would take several months.

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Last month, a state appellate court issued a written opinion in a California homicide case discussing the defendant’s challenge to the lower court’s decision not to admit certain evidence pertaining to the victim. Ultimately, the court agreed with the defendant, reversing his conviction for murder in the second degree.

In any California criminal trial, one of the many roles of the judge is to act as a gatekeeper of the evidence. Relying on the California Evidence Code, the court will determine which evidence is admissible.

In this case, the defendant was charged for murder related to the shooting death of another man. The evidence showed that the defendant and the victim each fired shots at each other. While the victim shot 15 shots, missing each time, the defendant shot twice, killing the victim.

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