Recusal of individual deputy district attorney was required where prosecutor extensively cooperated with filmmakers making a movie about capital case while defendant was a fugitive. Prosecutor’s participation in "media vilification" of defendant raised issues of integrity and impartiality requiring his disqualification, but disqualification of entire office was not required in absence of showing that the district attorney was aware of his deputy’s activities.
Hollywood v. Superior Court (People) - filed October 5, 2006, Second District, Div. Six
Cite as 2006 SOS 5341
Full text http://www.metnews.com/sos.cgi?1006%2FB188550
No kidding! Why didn't the D.A. just assign another Deputy instead of wasting time with the appeal? D.A.'s are not defense attorneys and are legally required to be a little close to the center. This is something I would do =)
Friday, October 06, 2006
Thursday, October 05, 2006
United States v. Rodriquez - filed October 5, 2006 (Ninth Circuit Court of Appeals)
In this case handed down today:
United States v. Rodriquez - filed October 5, 2006
Full text at Click here
The United States Court of Appeals for the Ninth Circuit affirmed that the police tactic of "telling an individual that if did not give consent to a search, they would secure the premises and get then get a warrant" as a means of getting coercing an individual into gving consent was valid because it was not done in a "threatening manner" and the police did not have their guns drawn.
You have got to be kidding me!
When police are standing around you, demanding consent, whether or not their guns are pointing directly at you, you feel threatened!!!
Second, they just told you that your refusing to consent would be futile because they would secure the premises and get a warrant, so what would be the point of refusing consent? This is coercion folks!!!
I really wonder if the judges think about these things. I think they envision the police these days are like Andy Griffith or Don Knotts.
United States v. Rodriquez - filed October 5, 2006
Full text at Click here
The United States Court of Appeals for the Ninth Circuit affirmed that the police tactic of "telling an individual that if did not give consent to a search, they would secure the premises and get then get a warrant" as a means of getting coercing an individual into gving consent was valid because it was not done in a "threatening manner" and the police did not have their guns drawn.
You have got to be kidding me!
When police are standing around you, demanding consent, whether or not their guns are pointing directly at you, you feel threatened!!!
Second, they just told you that your refusing to consent would be futile because they would secure the premises and get a warrant, so what would be the point of refusing consent? This is coercion folks!!!
I really wonder if the judges think about these things. I think they envision the police these days are like Andy Griffith or Don Knotts.
Sunday, October 01, 2006
Clarence Thomas is an idiot
Here is a guy who was put on the U.S. Supreme Court for purposes of diversity, to wit, they needed a Black man to replace the retiring Thurgood Marshall who was Black. It was not based on his skill and certainly not his intelligence.
Yet, this moron opposes any program with the goal of achieving diversity.
Yet, this moron opposes any program with the goal of achieving diversity.
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