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Articles Posted in criminal defense

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California High Court Says Menacing Hand Gestures do Not Qualify as Criminal Threats

This past summer, the California Supreme Court ruled in San Francisco that a menacing nonverbal gesture does not qualify as a criminal threat under state law. The court issued its ruling in the case of a Riverside County man, Mario Gonzalez, who was accused of making threats with hand gestures…

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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…

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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…

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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.…

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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.…

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California Moves Slowly Toward Resuming Executions

It is reported that California is easing back into executions for convicted criminals on death row, after not having executed anyone in over a decade. California has a sordid history with the death penalty. The process is extremely delayed, with inmates waiting on death row for decades before dying of…

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California Employers Further Restricted From Using Criminal History

Recently, the state Fair Employment and Housing Council (FEHC) finalized new regulations that would further limit a California employer’s ability to use criminal history when making employment decisions. Specifically, the new regulations, which are based on the FEHC’s 2012 Equal Opportunity Commission Guidance, would prohibit an employer from considering a…

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Rapper ‘Tiny Doo’ and Student Aaron Harvey Sue San Diego Police for Gang Conspiracy Arrests

In the latest controversy involving San Diego rapper Tiny Doo, the 35-year-old rapper and student Aaron Harvey, 28, who both spent about seven months in jail under California’s criminal gang conspiracy law, filed a federal civil-rights lawsuit against the San Diego Police Department (SDPD) and two gang detectives. Tiny Doo…

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Bill Cosby’s Attorney Files for Change of Venue

Bill Cosby’s criminal defense team filed a motion for a change of venue out of Montgomery County for his criminal trial stemming from a sexual assault charge. Cosby was charged with a 2004 drugging and sexual assault of a Temple University employee. His attorneys are claiming that the extensive media…

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Across the U.S. Police are Misusing Confidential Databases

According to an Associated Press investigation, police officers across the country misuse confidential law enforcement databases to get information on romantic partners, business associates, neighbors, journalists, and others for reasons that have nothing to do with their police work. Through multiple public records requests to state agencies and major-city police…

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