In a 4-3 decision by the California Supreme Court, it has been held that California judges have broad authority to refuse to shorten the sentences of “three strike” inmates, despite the revisions to the “Three Strikes Law” with Proposition 36. Proposition 36 was first passed in 2012 to allow three-strike…
Articles Posted in Criminal Defense
San Diego DA’s Prosecution of Pot Attorney Sends Chills Through the Legal Community
It has been reported throughout the years that minor drug offenders or registered marijuana businesses were being targeted by police, but now, it seems that marijuana attorneys who represent those in the marijuana businesses are now coming under fire from law enforcement. Last month, attorney Jessica McElfresh, an experienced attorney…
Video of San Diego Police Dog Biting Man in Handcuffs Creates Stir
A video that has made its way through social media of a San Diego police canine biting an unarmed man in handcuffs has caused outrage. The footage, posted by Facebook user Angel Nuñez, shows the dog latched on to the man’s arm for at least 30 seconds while one officer…
California Corrections Officials Want to Know What You Think About the State’s New Parole Guidelines
California corrections officials on Friday began accepting public comments on the new set of proposed regulations that have overhauled the state parole system. See Proposition 57, the Public Safety and Rehabilitation Act of 2016. State regulators gave the guidelines initial approval in April. They have been used to implement Proposition…
Cal State San Marcos Student Sues Over Rape Investigation
A graduate student at Cal State San Marcos accused of rape has filed a federal lawsuit, alleging the university violated his rights to due process through an unfair investigation. The student, who is not identified by name in the suit, was attending a study abroad program in Germany in 2016.…
FBI Agent Indicted on Five Counts for Alleged False Statements in Lavoy Finicum Shooting
Months after the criminal trial of the nine defendants involved in the Oregon Wildlife refuge standoff were acquitted, it has been reported that F.B.I. agent W. Joseph Astarita, 40, has been indicted on five counts regarding the lethal shooting of Lavoy Finicum. The agent is now being accused of lying…
Rape Trials: What Happens When There is No Victim Testimony?
Earlier this month the criminal trial of Jacob Paul Skorniak, 51, started in San Diego Superior Court. Skorniak is accused of kidnapping and raping a 21-year-old German exchange student he met in Pacific Beach during New Year’s celebrations. He is also accused of using a knife to attack the victim.…
Carlsbad Pastor Arrested on Child Molestation Charges
According to news outlet ABC 10, a Carlsbad pastor named Matthew Tague, 43, has been arrested on 16 counts of child molestation. Deputies with the San Diego Sheriff’s child abuse unit has charged him with lewd and lascivious acts with a minor under the age of 14. The charges against…
Bill Cosby Trial: Mistrial Declared After Jury Deadlocks
The saga of Bill Crosby’s criminal trial for allegedly drugging and sexually assaulting dozens of women is finally over, as earlier this month, a Pennsylvania jury was unable to come to a unanimous decision, resulting in a mistrial. It is reported that on the sixth day of jury deliberations, two…
No Shackles for Pretrial Detainees in Court
In a 6-5 opinion (United States v. Sanchez-Gomez), the 9th U.S. Circuit Court of Appeals just found the San Diego District Court’s 2013 shackling policy for pretrial defendants unconstitutional- “likening the court’s policy to treating inmates “like a bear on a chain.” While it is a significant ruling, the opinion…