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1538.5 Motion – To Suppress Evidence in a California Criminal Case In California criminal cases, a motion to suppress evidence is a pretrial motion where you ask the court to…
Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly FLYERS/LEAFLETS/HANDBILLS/ = MODERN DAY WEBPAGE The USE of SOCIAL MEDIA or WEBPAGES (MODERN DAY LEAFLETS) to get ATTENTION to one’s…
Brown v. Davenport, 20-826 The U.S. Supreme Court heard oral argument in Brown v. Davenport, a case concerning the application of the “harmless error” standard of review when a criminal…
Spencer v. Peters Police Fabrication of Evidence CASE NO. C11-5424 BHS 10-16-2012 CLYDE RAY SPENCER, et al., Plaintiffs, v. JAMES M. PETERS, et al., Defendants. BENJAMIN H. SETTLE ORDER GRANTING…
Walton v. Gomez (In re Estate of Booker), 745 F.3d 405 (10th Cir. 2014) Holding that even though a detainee attempted to strike a guard, putting substantial pressure on the…
Violating a Court Order in California – Penal Code 166 PC The state of California takes court orders very seriously, partly because many court orders are protective or restraining orders…
Expungement California – How to Clear Criminal Records Under Penal Code 1203.4 PC An expungement under California Penal Code 1203.4 PC allows you to withdraw a plea of guilty or…
Marbury v. Madison Madison, 5 U.S. 137 (1803) Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme…
Malicious Prosecution / Prosecutorial Misconduct Avoid being Victims of the Justice Systems by shady prosecutors When the scales are tipped we are all in jeopardy of the injustice that follows…
Due Process vs Substantive Due Process Due Process 5th & 14th Amendment Substantive due process is a principle in United States constitutional law that allows courts to establish and protect…