What Is Traversing a Warrant (a Franks Motion)?
WHAT IS A FRANKS MOTION AND HEARING IN CALIFORNIA? Brief Synopsis: To have the judge in a case order the production of the affidavit used to secure a search warrant,…
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WHAT IS A FRANKS MOTION AND HEARING IN CALIFORNIA? Brief Synopsis: To have the judge in a case order the production of the affidavit used to secure a search warrant,…
Tossing Out an Inferior Judgement – When the error has resulted in a miscarriage of justice. Like Monopoly’s Bank Error in Your Favor Collect $200. A Error in a Judicial…
Another Court Strikes Cannabis Gun Control Law – United States v. Daniels Facts of the case In 1994, Earthy D. Daniels, Jr., was convicted of being a felon in possession…
WRITS and WRIT Types in the United States The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs. 1. Habeas Corpus Means ‘to…
peremptory writ of mandate (or mandamus) A peremptory writ of mandate, or mandamus, is a judicial writ (i.e. order) to any governmental body, government official, or lower court requiring that…
How to Reduce a Felony to a Misdemeanor – Penal Code 17b PC Motion A Penal Code § 17(b) motion is a petition asking the court to reduce a felony…
The Primary Caregiver Pretrial Diversion Act – SB 394 In recognizing the impact of parental incarceration on children in the United States, legislators are listening to those directly impacted by…
THE PEOPLE v. DAVID THOMAS POWERS PEOPLE v. POWERS – Annoying Phone Calls 653m People v. Powers, (2011) 193 Cal.App.4th 158, 166. (“We conclude that the recordings appellant left on…
Fifth Circuit Strikes Down Domestic-Violence Prohibitor in United States v. Rahimi On February 2, a Fifth Circuit panel ruled in United States v. Rahimi, striking down the federal law prohibiting…
Punitive Excess – The Abuse of America’s criminal legal system America’s criminal legal system is unduly harsh due to abuse by over zealous low functioning prosecutors. These prosecutors have civic…