California's egg law is still causing consternation in Washington, but while politicians are fighting over the farm bill, California has moved on to vaccines, booze tasting and fracking. As we get closer to January deadlines for new laws to take effect, here's a roundup of how these law are progressing.
Recently in Criminal Law Category
Nope, it wasn't a planned hit. In fact, we'd venture a guess that Ryan Johnson didn't intend for anyone to get hurt, especially not one of the two men he sent, armed, to carry out a home invasion robbery. Still, under the "provocative act doctrine," even an absentee co-conspirator can be held accountable when things don't go according to plan.
Indeed, things really didn't go to plan.
Johnson sent two accomplices to carry out a robbery of a rival marijuana dealer's home. The armed individuals intimidated the house's occupants, and ate their takeout Thai food. One of the accomplices, who warned the victim that he was "quick on the trigger, homie" and asked, "You ever seen 'Pulp Fiction,' homie?," forced the victim to the back room, where the home owner picked up a gun, shot one perpetrator, and beat the remaining armed robber until he lost consciousness.
They're called the "Hollywood Whackers." They are the group of people responsible for murdering Heath Ledger, framing Mel Gibson and Robert Blake, and who stole all of Randy and Evi Quaid's money. Now, the couple is hoping to stay in Canada, where they hope they'll be safe from the murderous conspiracy.
Meanwhile, the company that posted a $500,000 bond for Randy Quaid, and an equal sum for his wife, will get at least some of that money back, despite the couple's unknown whereabouts.
This case comes down to one thing that is even more sure than death or taxes: lawmakers shouldn't write laws about things that they are ignorant of. Such a lack of understanding of gun basics is what doomed this state ammunition restriction to the trash bin.
A California law, passed in 2010 and blocked by a trial court in Fresno in 2011, placed a number of restrictions on the purchase of ammunition that was "principally for use" in handguns, including fingerprinting, sales tracking, and a ban on online and mail-order sales. That law is void for vagueness.
And because we realize that not all lawyers are familiar with the fine points of firearms and ammunition, we're going to make this a bit of a gun terminology lesson.
False confessions may be a recurring problem in our criminal justice system, but the problem is especially pronounced in interrogations of juvenile suspects. In a series of studies cited by State Sen. Ted W. Lieu, the author of Senate Bill 569, research showed the following:
- Out of 125 false confessions in one study, 33 percent were from juveniles, most of whom confessed to murder;
- In a review of exonerations between 1989 and 2004, 42 percent of juvenile exonorees' cases involved false confessions (compared with 13 percent of adults);
- Among the youngest of those exonerees, ages 12 to 15, 69 percent confessed to homicides and sexual assaults that they did not commit.
California often leads the charge on social issues, but sometimes it's ahead of its time; that may have been the case with the attempt to legalize marijuana.
In November 2010, Proposition 19, a ballot measure to legalize marijuana was defeated by a slim margin of 53.5% of voters voting "no," reports the San Jose Mercury News. Attempts to legalize marijuana in Colorado and Washington last year were successful, and these victories at the poll have renewed efforts in California to do the same.
Friday could have been doomsday for California gun owners. A package of bills, restricting everything from grandfathered high capacity magazines to so-called assault rifles, would have taken California's gun laws, which are amongst the nation's most stringent, and made them, hands-down, the most restrictive.
And while the signed bills banned lead ammo for hunting, banned high capacity magazine "repair" kits, and beefed up safety and storage requirements, for most gun owners, nothing will truly change after Gov. Brown vetoed the vast majority of the legislation.
The California Highway Patrol received a call from a concerned citizen. That person had just been run off the road by a silver Ford F-150 pickup truck, license plate number 8D94925. Dispatchers passed the message to two CHP officers who were in the area. Each located the truck, followed it to verify the details relayed in the tip, and pulled it over.
When the officers approached the truck, they smelled marijuana, and after a search of the truck bed, found four large bags. Thought the officers verified the non-criminal details of the tip before pulling over the truck (i.e. color, plate number, etc.), they did not witness any illegal behavior or reckless driving before stopping the truck.
Sometimes, when you draw enough fine lines, you box yourself in. If the Supreme Court hasn't done that yet with their co-tenant consent to search jurisprudence, they very well could do so after Fernandez.
We covered the Fernandez case, and the California Court of Appeals' decision in depth when certiorari was granted back in May. With oral arguments set for mid-November, we'll preview the case which should finally determine the limits of co-tenant consent under Georgia v. Randolph.
On Tuesday, California became the second state in the nation to criminalize the new phenomenon terrorizing ex-lovers -- revenge porn, reports Bloomberg.
For those not familiar with the internet trend, revenge porn is the posting of nude photos of an ex-lover after a bad breakup. The law has been murky because the person in the photo gave consent to having the photos taken in much happier times, but didn't consent to the publication of such photos. Though California allows victims to bring civil actions, a very costly prospect, now the act of publishing the photos has been criminalized, reports The Associated Press.