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Supremet Court Holds That Search of Driver Stopped for Traffic Violation was Legal
David Moore's car was topped by two police officers based on a suspicion that he was driving with a suspended license. Once they determined that Moore's license was in fact suspended officers arrested Moore and searched his vehicle which resulted in them finding 16 grams of crack cocaine and $516 in cash. Moore argued that under state law (Virginia) officers were supposed to only issue him a summons to appear in court instead of arresting him. Although the Virginia Supreme Court agreed that Moore's conviction for possession with intent to sell (distribute) should be reversed. U.S Supreme court in a decision written by Justice Scalia found that the Fourth Amendment allowed the officers to conduct a search incident to an arrest made based on probable cause even if state law prohibits such arrest. http://www.supremecourtus.gov/opinions/07pdf/06-1082.pdf
Is the Death Penalty for Rape Cruel and Unusual Punishment?
In Coker v. Georgia, 433 U.S. 584, the United States Supreme Court held that the death penalty was an "excessive penalty" for the crime of rape." In 1995 however, Louisiana restored the punishment of death for rape of a child under the age of 12. although other states have also authorized the capital punishment for rape, i.e. Montana, Oklahoma, South Carolina and Texas, they have limited the application to second offenders. The argument put forth by many advocates of this new trend is that there is no "national consensus" on whether execution of one convicted of rape of a child is cruel or unusual. They also claim that Coker was limited to situations in which an adult had been raped. All eyes are now on the Supreme Court to decide the Louisiana case. What concerns many in the indigent defense community and those concerned with constitutional rights is that child molest and rape defendants are held on such contempt by the pubic that more and more states may pass similar laws without paying attention to its ramifications. Rape and child molestation defense attorneys of Criminal Defense Team have been part of many successful defense teams in making sure justice was served for their clients and the community in cases out of Orange county, Los Angeles, Riverside and San Bernardino. www.criminaldefenseteamusa.com
Man convicted of 2nd degree murder faces 15 years to life for a high-speed hit-and-run, crash that killed one and injured another in 2005.
A Glendale man was convicted on Friday December 14, 2007, for the 2005 hit-and-run murder of a Burbank teenager and for seriously injuring his passenger while they sat in a parked car in Glendale. Andranik Atshemyan, 25, faces 15 years to life in prison for the second-degree murder charge and four to nine years for each of the two hit-and-run injury charges. The verdict in Pasadena Superior Court comes more than two years after Atshemyan slammed into victim's parked car while driving his SUV between 65 and 75 mph. At trial it was alleged that before veering into the victim's car Atshemyan had sped through three stop signs on the 25-mph street and narrowly missed hitting another car. There was no allegation of alcohol or drugs being involved in the accident.
Atshemyan is scheduled to be sentenced Feb. 5, 2008.
Orange County sheriff Indicted on Corruption Charges, Will Not Resign
Michael S. Carona, the elected sheriff-coroner of Orange County, has been named in a wide-ranging corruption indictment unsealed today that accuses him and several close associates of scheming to exploit Carona’s position for personal benefit, including accepting cash and appointing to the position of assistant sheriff an unqualified businessman who paid bribes. The 10-count indictment charges Carona; his wife, Deborah Carona, who was appointed to the Orange County Fair Board of Directors while he was sheriff; and attorney Debra Victoria Hoffman (his alleged mistress), who as part of the scheme was appointed to the State Advisory Group on Juvenile Justice Delinquency Prevention and the California Council on Criminal Justice, which Sheriff Carona chaired. All three, who, among other things, are accused of concealing the illegal benefits they received. Orange County Regsiter, Oct 31, 2007.
Former Athletic Director of School Gets One Year Sentence For Sex With a 14 Year Old
A former athletic director for Mission Viejo Christian School was sentenced today to a year in jail for sexually assaulting a 14-year-old student, as well as lesser charges involving inappropriate behavior with two other underage girls he met while a camp counselor. The 27 year old man pleaded guilty in August to six felonies and two misdemeanors, including having unlawful sex with a minor, P.C.261.5, four counts of violation of P.C. 288 (lewd act upon a child), one count of violation of Penal Code section 289 (sexual penetration by foreign object) and two counts of violation of Penal Code section 647.6 (annoying or molesting a child.) In exchange for his plea, Orange County Superior Court Judge Kelly W. MacEachern agreed to give him the lesser sentence. Deputy District Attorney Drew Naughton said the defendant had known the girl since she was 8 years old. When she was 14, he began a sexual relationship with her that lasted from April 2005 to June 2006. It ended when the girl admitted the relationship to her mother, who had been warned of inappropriate e-mails by a schoolteacher, he added. The defendant was 25 at the time. Prosecutors say he also gave her gifts and sent her sexual text messages, e-mail and MySpace messages. OC Register, Oct 3, 2007.
People v. Nguyen Changes the Application of Three Strikes Laws to Juvenile Record.
Court Appeal recently and in the case of People v. Nguyen was recently held that prior "strike" convictions from when the defendant was a minor cannot be used to enhance a future sentence. Until now, if a minor was charged with a "juvenile strike" such as robbery, rape, sexual molestation, murder, the charge would be considered a "strike" if the person was 16 or older when the crime occurred. Under Nguyen, the appellate court has held that these juvenile adjudications cannot be considered "strikes" because there are no jury trials allowed in Juvenile Court. The reasoning of the court was that since the convictions in juvenile courts are rendered by a judge and not a jury, subsequent use of those conviction would deny the defendant a substantial right. This decision is almost certain to be appealed by the prosecution.
Officer is Found Not Guilty of Attempted Voluntary Manslaughter and Firearm Charges
A San Bernardino jury found Officer Ivory John Webb not guilty of attempted voluntary manslaughter and firearm charges for shooting of Elio Carrion. The shooting was videotaped and caused a stir in the local community. The jury however, agreed with the defense that the shooting was done in self defense. Mr. Carrion had been a passenger in car driven by Mr. Escobedo who was later convicted of driving under the influence and evading police. June 29, 2007.
A repeat convicted drunken driver faces 15 years to life in prison after being convicted second-degree murder for driving drunk, hitting a bicyclist and fleeing the scene.
Mark Lee C, 52, was charged for a Nov. 25, 2005, accident in Brea that killed a Norwalk man. It was alleged Cummings was driving a van with a suspended license when he struck the man who later died of his injuries. Cummings, who later told police he could not recall the incident, had four prior DUI convictions. According to the District Attorney's office, after he was arrested, authorities found Mr. C had several bottles of beer in the van. He was charged with violations of California Penal Code Sections, 187(a), second degree murder, Vehicle Code Sec. 23153(a), driving under the influence with priors, and leaving the scene of an accident. The jury deliberated for about three days before coming back with a guilty verict. Besides second-degree murder, C. was also convicted of driving under the influence with two or more prior convictions, hit and run with injury, and driving with a suspended license. May 15, 2007. Santa Ana, Orange County.
County supervisors want civilians to keep watch over Orange County sheriff's department.
Orange county Board of Supervisors voted on May 22, 2007 to set up a civilian review panel of the sheriff's department, this even though Sheriff Mike Carona had objected to the idea. The calls for this oversight came after investigations into the beating death of a Theo Lacy jail inmate detailed allegations by one inmate that a jail guard helped instigate the attack. That same jail guard denies that report. But he also told investigators he didn't notice the beating because he was watching television during the melee. May 2007.
Alleged Esperanza arsonist’s trial "possibly" in 2008
According to the spokesperson for the Riverside District Attorney’s office, the trial of Raymond Lee Oyler on charges that include setting the Esperanza Fire that killed five firefighters in October probably won't start until early 2008.
Oyler, a former Beaumont auto mechanic is charged with five counts of murder, 23 counts of arson and 17 counts of setting fires with an incendiary device. He has pleaded not guilty to all charges and remains in custody without bail.
According to the district attorneys office Oyler was responsible for setting a series of fires in the Banning Pass area that were first noticed almost one year ago . May 11, 2007.
Sheriffs Raid Meth Lab, Two People Arrested.
According to a California newspaper, San Francisco Chronicle two people were arrested and a 2-year-old referred to child protective services Monday when Santa Clara County sheriff's deputies raided a methamphetamine lab in a home in an unincorporated area of San Jose, authorities said today. The methamphetamine was in "various stages" of preparation -- including liquid and solid forms -- in the home at 4075 Hobart Ave., according to sheriff's Department. The search was conducted because of concerns about "narcotic activity" on the part of a person on probation who was at the house. Suspects' names were not released. April 25, 2007.
Alleged Gang Member Pleads Guilty To Charges In The Middle Of Trial
A Los Angeles gang member decided to plead guilty to the charges brought against him by San Bernardino District Attorneys office for his role in a 2005 Redlands home invasion and shooting that killed one and left two other seriously injured. Jamar Tucker, even surprised his own attorney when midway through his trial he decided to change his plea and enter a guilty plea and be sentenced to life in prison without the possibility of parole. April 20, 2007.
Four Arrested In Redlands Home Invasion Robbery
Four people including two juveniles accused of home invasion robbery of a Redland man's house were arrested on April 23, 2007. The four males are accused of assaulting and robbing the 29 year old victim who was wheelchair bound. San Bernardino's District Attorney has not decided on whether to charge the two juveniles as adults. Apr 24, 2007.
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