In light of the Penn State sex abuse scandal, many institutions are considering what they would do if a criminal investigation came to their doorstep. Don’t wait for that possibility; have a plan ready to put into effect if anything like the nightmare at Penn State should happen to your institution.
Filed under: Business, Civil Litigation, Criminal Law, Legal Topics | Tagged: criminal investigation, grand jury subpena, internal investigation, Penn State scandal | 1 Comment »
DUI cases are complex and can deter even the most senior practitioner. But it’s not uncommon for attorneys to be contacted on DUI cases by clients, and even friends and family — particularly during the holiday party season. For this reason, it’s important for every California attorney to know at least the basics of California DUI law.
Filed under: Criminal Law, Legal Topics | Tagged: blood alcohol content, blood alcohol level, driving under the influence, DUI | Comments Off
Right after the jury’s verdict has been recorded, the trial judge will tell the jurors that now they are free to discuss the case with anyone, including trial counsel. Don’t miss the chance to have these postverdict chats — they are very useful and may even be crucial.
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: interviewing jurors, jury, post-verdict | 1 Comment »
Each year almost 2 million American workers report to the Occupational Safety and Health Administration that they were victims of workplace violence — and many more cases go unreported. Although much of this violence is out of their control, employers can take actions that will cut down on this terrible statistic.
Filed under: Criminal Law, Employment Law, Family Law | Tagged: employees, employers, injunction, temporary restraining order, workplace violence | 1 Comment »
To smell is not the same as to see. At least that’s what a California court of appeal recently concluded when it rejected the validity of a warrantless search of a Fed Ex package based on the smell of marijuana alone.
Filed under: Criminal Law, Evidence, Legal Topics, New Legal Developments | Tagged: marijuana, plain smell, plain view doctrine, police officers, search and seizure, warrant, warrantless searches | 6 Comments »
Going further than his predecessor was willing to go, California Governor Jerry Brown has criminalized juror tweeting. Under AB 141, which will go into effect on January 1, 2012, any juror who willfully disobeys the court admonishment against any form of communication or research about the case, including tweeting, may be sent to jail for [...]
Filed under: Civil Litigation, Criminal Law, Legal Topics, New Legal Developments | Tagged: AB 141, civil contempt, criminal contempt, electornic communications, juror misconduct, jury admonishments, tweeting | Comments Off
The recent execution of Troy Davis in Georgia has again raised serious concerns about the reliability of eyewitness testimony. That case, along with the U.S. Supreme Court’s acceptance of a case involving eyewitness identification, indicates that the time may be right to reconsider this controversial form of evidence.
Filed under: Criminal Law, Evidence, Legal Topics | Tagged: death penalty, eyewitness testimony, eyewitnesses, Innocence Project, Troy Davis | 1 Comment »
According to at least one judge, most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of cross-examination. To master that art, lawyers need to give cross-examination the same attention they do other phases of trial.
Filed under: Civil Litigation, Criminal Law, Legal Topics, Litigation Strategy | Tagged: cross-examination, expert witness, trial attorney, trial skills, witness | 1 Comment »
In an apparent response to the United States Supreme Court order to reduce California’s prison population and the State’s burgeoning budget crisis, Governor Jerry Brown signed into law A.B. 109 (Cal Stats 2011, ch 15, April 4, 2011), effectively transferring responsibility for nonserious, nonviolent and non-Pen C §290 registerable sex offenders from the state to the [...]
Filed under: Criminal Law, Legal Topics | Tagged: AB 109, county jails, criminal justice, criminal sentencing, realignment | Comments Off
