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Criminal Defense Articles 1345 - 1421

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  1. Little Known Facts About Expungement to Keep in Mind
  2. DUI Refusal Defense – Background Noise of Radio?
  3. How Does the Private Search Doctrine Help the Police?
  4. Does People v. Gallardo Apply to Reviewing Prior Convictions?
  5. CDCR Acted with Deliberate Indifference to Risks of COVID-19
  6. SB 1437: Judge Finds Defendant a Major Participant
  7. If a Franklin Hearing is Granted, Does Prop 57 then Apply?
  8. Prejudicial Error Committed by Denying Right to be Present?
  9. Can Prop 57 Apply if Defendant Resentenced on Appeal?
  10. What’s Primary Caregiver Diversion (Penal Code § 1001.83)?
  11. Immigration: Is Amended Penal Code § 18.5 Retroactive?
  12. Psychological Coercion Can Be Duress in Forcible Sex Case
  13. Senate Bill 1393: When Does Judge Abuse Discretion?
  14. Penal Code § 148(a)(1) as Lesser Included Offense of § 69?
  15. SB 1437 – Conviction under Actual Implied Malice?
  16. Does Dissuading a Witness (PC 136.1) Apply to Future Crimes?
  17. SB 1437 Denial If Current Law Supports Murder
  18. SB 1437: Felony Murder Special Circumstance Fatal
  19. Do Excess Custody Credits Apply to Parole if 1437 Granted?
  20. SB 1437 Denied Under People v. Holmes Stipulation
  21. Ineffective Assistance of Counsel, Defendant’s Mental Health
  22. SB 1437: Does it Apply to Provocative Act Murder Doctrine?
  23. No Youth Offender Parole Hearing if LWOP After Age 18?
  24. SB 620 Applies Retroactively to Only Nonfinal Sentences
  25. Immigration: Aggravated Felonies Under Federal Law?
  26. SB 1437 – Does it Apply to Provocative Act Murder?
  27. Can Cop Opening Car Door Be an Unconstitutional Search?
  28. What is Penal Code 1170.91(h) for Veterans? When to Apply?
  29. What is Penal Code § 17500 Regarding a Deadly Weapon?
  30. Romero Motion Considers Only the Crime Committed, Not More
  31. Fetal Murder Conviction Reversed for Inadmissible Hearsay
  32. Prop 57: CDCR Has Broad Discretion on Conduct Credits
  33. After Prop 64, Marijuana & Probable Cause to Search Vehicle
  34. What is the New Judicial Diversion Law for 2021?
  35. Sealing Juvenile Records Under WIC § 786(e)?
  36. Parole Revocation: What Burden of Proof Applies?
  37. Improper Firearms Expert Testimony = Partial Reversal
  38. “Kill Zone” Theory Jury Instruction Wrong, Reversal
  39. Guidelines for Prosecutors that Defense Attorneys Love
  40. May a Judge Terminate Parole under Penal Code 1203.2(b)(1)?
  41. Resisting Arrest (P.C. 148(a)(1)) – Knowledge Required
  42. Does McCoy v. Louisiana Apply Retroactively?
  43. Probation Search: May Police Search Under Car Seat?
  44. Penal Code § 16470: Is a Box Cutter a Dirk or Dagger?
  45. SB 620: Should Judge Consider Postjudgment Rehabilitation?
  46. Were You a Firefighter in Prison of Jail? What is AB 2147?
  47. SB 1437 Properly Denied When No Prima Facie Case Made
  48. Ineffective Assistance of Counsel (IAC) But No Prejudice?
  49. AB 865: Does 1170.91(b)(1) Petition Apply if Plea Bargain?
  50. What is a Sentence Enhancement for a “Hate Crime?”
  51. Is Sentence Enhanced for Prior Hate Crime Conviction?
  52. Multiple Counts with Hate Crime Enhancements
  53. List of Great Bodily Injury Sentence Enhancements
  54. How is “Personal Infliction” Defined? Examples?
  55. PC 245(a) / 243(d), Battery with Serious Bodily Injury
  56. Great Bodily Injury Enhancement (12022.7) in DUI?
  57. Motion to Vacate under PC 1473.7 – Discrediting Defendant
  58. Brady Motion Denied When Not Related to Any Defense
  59. Aiding & Abetting Murder, Natural and Probable Consequences
  60. Resentencing Military Veterans, Indeterminate Sentences?
  61. Attempted Human Trafficking – Must Real Minor be “Target?”
  62. CDCR Prop 57 Regulations Excluding 290 Registrants Invalid
  63. New Criminal Laws for 2021 – Seven that Really Matter
  64. Torrance DA Gang Expert’s Testimony Insufficient
  65. Breaking a Phone – Dissuading a Witness (PC 136.1)?
  66. SB 620 Analysis: Resentencing on Firearm Enhancement
  67. What is Homeless Court in Redondo Beach / Torrance?
  68. When is Someone Ineligible for Probation? Why?
  69. How are More Than One Sentencing Enhancement Applied?
  70. What are Some of the More Common Firearm Enhancements?
  71. What Must be Proven for a Firearm Enhancement to Apply?
  72. Enhancement for Being Armed with a Firearm – Sentencing
  73. Is the New Two-Year Felony Probation Law Retroactive?
  74. New Two-Year Felony Probation Period Applied to Drug Case
  75. PC 1473.7 Motion to Vacate Grounds: Defendant’s Own Error?
  76. What is Required for Franklin Evidence Preservation?
  77. SB 620: Can Judge Impose Lesser Enhancement If True?
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