http://www.sandiegocriminallawyer.com San Diego Criminal Defense Legal Issues Fri, 04 Dec 2009 00:53:04 +0000 http://backend.userland.com/rss092 en Local attorneys and judges are mystified as to why San Diego County District Attorney Bonnie Dumanis ordered her prosecutors to file peremptory challenges in all criminal cases assigned to the Honorable Judge John S. Einhorn. Judge Einhorn is known as a tough, smart judge who routinely handles complex, high-profile criminal matters. ... http://www.sandiegocriminallawyer.com/san-diego-criminal-defense-issues/d-a-boycotts-san-diego-criminal-trial-judge/ CBS News reports that there are over 6,000 rape kits from active investigations of sex crimes that remain untested throughout the country. The New York Times reports significantly more.  The reports indicate the kits are from reported sexual assault cases that have not been prosecuted. The kits typically contain body fluid, hair ... http://www.sandiegocriminallawyer.com/sex-crimes/no-surprise-sexual-assault-lab-kits-remain-untested-for-dna/ The Ninth Circuit court of Appeals just upheld the admissibility of drug and firearm evidence in a case where law enforcement conducted an illegal search of a vehicle under the doctrine of inevitable discovery. In United States v. Ruckes, the Court followed the recent Supreme Court decision of Arizona v. Gant. ... http://www.sandiegocriminallawyer.com/drug-cases/drugs-and-gun-found-during-illegal-search-admissible-evidence/ The movement to decriminalize drug use gained a major ally. The Republic of Mexico decriminalized possession of small amounts of marijuana, cocaine, heroin and other drugs. Drug rehabilitation, rather than punishment, is now “encouraged,” and a third drug possession offense will subject the offender to drug treatment, although no way to ... http://www.sandiegocriminallawyer.com/drug-cases/mexico-legalizes-drug-possession-for-personal-use/ The United States Supreme Court will entertain oral argument today on the issue of whether a life sentence without parole for a juvenile offender convicted of a non-murder offense violates the Eight Amendment’s prohibition on cruel and unusual punishment. The Court has already decided that juveniles are not subject to ... http://www.sandiegocriminallawyer.com/juvenile-law/are-juveniles-lawfully-subject-to-life-without-parole/ The San Diego County Public Defender’s, together with private criminal defense lawyers and local veterans groups, is reportedly putting together a legislative proposal for the diversion of criminal cases for combat veterans. The Penal Code already provides for alternative sentencing for combat veterans suffering from post traumatic stress disorder (PTSD), substance abuse, ... http://www.sandiegocriminallawyer.com/san-diego-criminal-defense-issues/criminal-court-diversion-for-combat-veterans/ The man famous for his Hollywood movies, murdered wife, and life as a fugitive may be extradited from Switzerland to a Los Angeles, California courtroom. Polanski faces sentencing in a felony sex case over three decades old. He fled the United States jurisdiction after he pleaded guilty and before the sentencing hearing. He has ... http://www.sandiegocriminallawyer.com/recent-criminal-law-developments/roman-polanski-has-a-fighting-chance-and-nothing-to-lose/ Governor Rick Perry does not want you to find out if Texas carried out the execution of a legally and factually innocent person. The Texas governor replaced the head of the Texas Forensic Science Commission just days before he and other experts were scheduled to testify at a hearing called to ... http://www.sandiegocriminallawyer.com/recent-criminal-law-developments/did-texas-execute-an-innocent-man/ Drug investigators have been caught on tape playing Wii games while executing a search warrant at the home of Michael Difalco. Polk County Sheriff Grady Judd lamely defends his investigators by claiming that the Wii gamesmanship would not invalidate the search. Perhaps the Sheriff should read up on the law. ... http://www.sandiegocriminallawyer.com/recent-criminal-law-developments/drug-detectives-play-wii-while-executing-a-search-warrant/ In a recent decision handed down from a California Court of Appeals, the Court affirmed a criminal defendant's Constitutional right to confront an expert witness who has prepared a report relied upon by another prosecution witness. In People v. Dungo, the DA tried at a jury trial to swap a bad ... http://www.sandiegocriminallawyer.com/california-supreme-and-appellate-court-cases/da-cannot-hide-bad-expert-witnesses/