Ninth Circuit Limits CFAA
In a recent en banc decision, the court held that unauthorized access was the issue, not actual or intended use of information, explains Robyn Crowther of Caldwel Leslie & Proctor.
Criminal Law
Ninth Circuit Limits CFAA
Constitutionality of the Death Penalty Initiative
Part of the ballot measure requiring automatic commutation of sentences to life in prison may violate the separation of powers, writes James Ching.
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Sentencing Commission: The Time Has Come
As the state prepares to deal with prison overcrowding, an agency designed to address the underlying issues and current laws would be beneficial, explains Steven Bonorris of UC-Hastings.
No Change in Sight for Sentencing Guidelines
In the post-Booker era, the commission must reinvent itself to provide a useful tool for the courts in determining punishment, explains Wes Reber Porter of Golden Gate University School of Law.
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Defenses to Discount Fraud Stripped
In a recent decision, the Ninth Circuit made it easier for prosecutors to obtain convictions for procurement of unwarranted discounts, explains Louis Feuchtbaum of Sideman & Bancroft.
What Is 'Reasonable Doubt'?
The level of certainty necessary for a conviction is difficult to define, but augmenting the jury instructions could help jurors, explains UC-Hastings' Lara Bazelon.
Confrontation Clause Again Before High Court
The U.S. Supreme Court will decide whether expert testimony in criminal cases based on inadmissible lab reports violates the Sixth Amendment, explains Robert Calhoun of Golden Gate University.
Making a Case for the Trier of Fact
When jurors reach an unpopular verdict, as they did in the Casey Anthony trial, they're often unfairly put in the hot seat, says Chris Ritter of The Focal Point.
Revisiting the Three Strikes law
Economic and social costs are forcing the California Legislature to consider revisions to the controversial provision, explains Jeffrey Hayden.
Getting Immunity in Civil Cases
Obtaining a protective order against prosecution can further discovery in civil litigation, if prosecutors are willing to sign off, explains Orrick's Anthony De Corso.
Retrying Barry Bonds
The jury's decisions in the slugger's first criminal trial suggests strategies for a second, explains former Deputy AG James Ching.
Combating Prosecutorial Misconduct
Law schools can help prevent errors and abuses in criminal prosecutions through clinical, hands-on courses, explains Hastings' Lara A. Bazelon.
Case Against Bonds Dissected
After several adverse evidentiary rulings, the prosecution's case against the Major League slugger turned from a near slam dunk to a toss-up, explains James Ching.
Mobile Devices Fair Game for Police Searches
California Supreme Court holds that no warrant is needed to access contents of a cell phone confiscated during an arrest, explains Jeffrey Hayden.
Appreciate Your Juries
Providing genuine perspective will keep the finders of fact happy and help advance your case, explains G. Christopher Ritter of The Focal Point.
Wrestling With Prison Overcrowding
Hastings' Rory Little gives a historic background of the issue and play-by-play analysis of Tuesday's argument before the High Court.
Shorter Prison Terms for White-Collar Offenders
Amendments to sentencing guidelines offer attorneys new tools to lower sentences for their clients, explains Jessica Nall of Farella Braun + Martel.
The Innocence Project Report is Out, What Now?
In addressing prosecutorial misconduct, the State Bar faces issues of due process and education, among others, explains Jame Ching.
Give Your Clients a Clean Slate
Christopher Morales says there are many tools for attacking prior criminal records.
High Court: If You Wish to Remain Silent, Speak Up!
By Dyke Huish |
7/8/10 4:20 PM
A new twist on Miranda requires a suspect's clear verbal invocation of the desire to remain silent.
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