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Civil Case Updates for Criminal Practitioners Archive (March 2020)
Gang evidence “almost always prejudicial.”
Gilmore v. Lockard,
936 F.3d 857, 859 (9th Cir. 2019)
In Gilmore v. Lockard, 936 F.3d 857, 859 (9th Cir. 2019), the Ninth Circuit reversed a defense verdict in favor of prison officials who, a prisoner alleged, used excessive force against him
What is California AB 2799 (the Bill Restricting Use of Rap Lyrics in Criminal Trials)?
Discrimination in the jury selection process is an ongoing reality within the American criminal justice system, but measures have been taken for over a century to address the issue at both the national and state levels.
The Fourteenth and Fifteenth Amendments were ratified in 1868 and 1870, respectively,
Korematsu v. United States was ‘Gravely Wrong the Day it Was Decided’
Even though Korematsu v. United States, 323 U.S. 214 (1944)-which condoned the forced relocation of all persons of Japanese ancestry in certain West coast zones during World War II pursuant to Executive Order 9066-was broadly criticized for decades within the legal profession and by American society at large, it was
Say yes to “Time-Served” Deal, Say Goodbye to Wrongful-Incarceration Claim
Taylor v. Cty. of Pima,
2019 U.S. App. LEXIS 1545 (9th Cir., January 17, 2019)
This case addresses the scenario where a defendant was pretty obviously wrongfully convicted, but then cuts a time-served deal to get out of custody. Can he still seek civil justice? Not to spoil the
Saying It’s Your Job Don’t Make it Right, Boss.
Sandoval v. Cty. of Sonoma,
2018 U.S. App. LEXIS 36147 (9th Cir. Dec. 21, 2018)
California Vehicle Code § 14602.6(a)(1) provides that a peace officer may impound a vehicle for 30 days if the vehicle’s driver has never been issued a driver’s license. Local
It’s Tricky: Entry gained by “ruse” ruled an illegal search
Whalen v. McMullen, 2018 U.S. App. LEXIS 30686 (9th Cir., October 30, 2018).
“And in the city it’s a pity ’cause we just can’t hide / Tinted windows don’t mean nothin’, they know who’s inside.”
Run-D.M.C., It’s Tricky, Raising Hell (Profile, 1986).
A state fraud
San Francisco has reversed course on use of lethal robots …for now
In a twist more closely resembling a Hollywood movie than reality, the San Francisco Police Department recently stood on the brink of employing bomb-toting robots authorized to deploy lethal force on members of the community. In late November 2022, the San Francisco Board of Supervisors voted 8 to 3 in
Civil Cases for Criminal Practitioners Archive (October 2018)
IRS Agent Audits Potty, Violates Fourth Amendment
Ioane v. Hodges, 2018 U.S. App. LEXIS 25569 (9th Cir. Sep. 10, 2018)
Okay, I made up the phrase “potty audit,” but here’s what happened. IRS agents lawfully executed a search warrant in the presence of the homeowners. Or rather, they
Women in the Law: Mary Maguire & Antonia Jemnez
In re Maguire, 57 Cal. 604 (1881). People v. Jemnez, 49 Cal. App. 2d Supp. 739 (1942).Sail’er Inn, Inc. v. Kirby, 5 Cal.3d 1 (1971).
In 1880, San Francisco passed a law prohibiting women from working in any “dance-cellar, bar-room, or in any place where… liquors are used or sold.”
When Cops Kill: Constitutional Cases for Justice Warriors
Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022).
In October, the Ninth Circuit published an excessive force decision in Peck v. Montoya, 51 F.4th 877 (9th Cir. 2022). The decision is important for Justice Warriors to understand because it, unfortunately, narrows who can sue and
9TH CIRCUIT CRIMINAL HANDBOOK
Along with the Honorable Larry A. Burns, Tim Scott is the author of the Ninth Circuit Criminal Handbook, which is updated annually.