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Criminal Defense Articles 1271 - 1344

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    1. The Right to Represent Oneself – People v. Faretta?

    2. Duty to Maintain Innocence under McCoy v. Louisiana

    3. When is Prior Conviction Outside California a Strike?

    4. Does Prop 64 Mean I Can Have Marijuana in Prison and Jail?

    5. Court May Consider Facts Admitted as Basis of Prior Plea

    6. Prosecutor Must Disclose Summary of Expert Testimony

    7. Under SB 1437, Resentence to the Underlying Felony?

    8. Prop 57 & Juvenile Filing Only Applies to Active Cases

    9. Sixth Amendment, Ineffective Assistance of Counsel

    10. DUI Tests and Evidence Code § 664 Presumptions

    11. Early Assertion of Right to Speedy Trial Better than Later

    12. Romero Motion Improperly Granted for Prior Hate Crime

    13. Does Evidence of Pot in Car Allow Warrantless Search?

    14. The Narrowing of the Kill Zone Theory – Shoot to Scare

    15. Inglewood Police Department & Unlawful Inventory Search?

    16. What Conditions Allow Deadly Force in Self Defense?

    17. Motion to Suppress in an Infraction – What Happens?

    18. California Supreme Court & Mental Health Diversion

    19. What is the Horizontal Gaze Nystagmus Test in a DUI?

    20. According to the NHTSA, What Type of Driving is DUI?

    21. When Can 911 Call Provide Sufficient Reasonable Suspicion?

    22. Under SB 1437, How Do Jury Instructions Apply?

    23. What is Sufficient Evidence to Prove PC § 186.22(a)?

    24. How Does the Vienna Convention Apply in an Arrest?

    25. SB 1437 Petition Denied in Kidnapping & Robbery Case.

    26. Police Decoy Use Prevents PC § 313.1 Conviction.

    27. SB 1437: Felony Murder Charges, Manslaughter Conviction?

    28. When’s a Certificate of Probable Cause Unnecessary?

    29. Pandering: Is “Procure” Unconstitutionally Vague?

    30. SVP Act Allows Judge to Consider Hearsay from Expert?

    31. Did SB 1437 Unconstitutionally Amend Proposition 7?

    32. Convicted Twice for Once Carrying Concealed Firearm?

    33. Banks and Clark Analysis in Unarmed Assault, Robbery

    34. SB 1393 – Certificate of Probable Cause Required?

    35. Felon in Possession of Firearm: I am a Felon?

    36. Corpus Delicti Rule Allows Reversal in Sex Case.

    37. What is Threatening a Public Official (Penal Code 76)?

    38. What is an Estes Robbery?  Why is it a Strike?

    39. Rehabilitation or Punishment?  Senate Bill (SB) 1393 Appeal

    40. Is an Unsealed Bag of Pot Probable Cause to Search Purse?

    41. What are Violent Crimes in Aid of Racketeering Activity?

    42. Is a Jury Trial a Federal Right for a Parole Violation?

    43. Remand When Judge Fails to Consider Youth-Related Factors?

    44. Involuntary Murder Confession?  Ninth Circuit Says No.

    45. Subpoena Facebook & 7-Factor Alhambra v. Superior Court Test

    46. When are Consecutive, i.e. Not Concurrent, Sentences O.K.?

    47. People v. Cardenas - The Limits of the Kill Zone Theory.

    48. Case Dismissed by Judge During Trial for Brady Violations

    49. Probation Violation Hearing, Hearsay & Unavailable Witness

    50. First-Degree Murder Conviction in Norwalk Court Affirmed

    51. Defendant Not Misled in Decision Not to Testify at Trial

    52. Is it Assault if Defendant Raises a Knife 21 Feet Away?

    53. When’s a Witness Unavailable So as To Admit Prior Testimony?

    54. To Appeal Special Circumstance Murder, File Habeas, Not 1437

    55. Does Penal Code 1170.91 Apply if Stipulated Sentence?

    56. Conspiracy to Commit Murder for Gang Reversed on Appeal.

    57. Is There a Wende Right if Court Denies First Appeal?

    58. In Capital Case, Can Jurors Have Objection to Death Penalty?

    59. Example of Aider & Abettor Denied 1437 (PC 1170.95) Relief

    60. What is Vehicle Code § 23247(e), Defenses and Punishment?

    61. Under Immigration Law, Is Perjury an Aggravated Felony?

    62. Can One Request Sealing After Prop 36 Dismissal?  No.

    63. Ineffective Assistance of Counsel Found in Sex Offense Case

    64. SB 1437: What’s a Major Participant, Reckless Indifference?

    65. Is Special Circumstance Finding Disqualifying for SB 1437?

    66. SB 1437 Denial Reversed When No Appointed Counsel on Case

    67. Under Wende, Appellate Court Duties after 1437 Denial?

    68. SB 1437 – When May Judge Consider Prelim Transcript?

    69. What is Negligent Discharge of a Firearm (PC 246.3)?

    70. Thirteen Year Delay for SVP Trial Unconstitutional?

    71. Resentencing for Military Veterans Under PC 1170.91(b)

    72. SB 1437 Denied – Judge Finds Defendant a Major Participant

    73. SB 1437 – Finding Reckless Indifference to Human Life

    74. Does SB 1437’s Retroactivity Violate Marsy’s Law?
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