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DEPUTY DA TAPPED FOR L.A. BENCH SAN JOSE � Richard Goul, a deputy district attorney in Los Angeles since 1989, has been appointed to the Los Angeles County Superior Court bench. Tapped Wednesday by Gov. Arnold Schwarzenegger, Goul will fill the vacancy created by the death of Judge Robert Sandoval. Goul, 48, currently oversees the DA’s sexual assault unit in the Long Beach branch. Prior to joining the office, Goul was a law clerk for the Los Angeles city attorney’s office for three years. He also served on the Cerritos College Board of Trustees from 1979 to 1985. A Newport Beach resident, Goul earned his J.D. from Loyola Law School.He declined to state his political party. Goul’s annual salary will be $149,160. � Julie O’Shea ‘CANDYGRAM’ CASE GOOD NEWS FOR DEFENSE PHILADELPHIA � Big wins are so rare for criminal defense lawyers in federal court that one good victory can generate a lot of buzz � sometimes even earning a nickname. For attorney Jeffrey Lindy, the Feb. 13 decision in United States v. Coles from the Third Circuit U.S. Court of Appeals was just such a case and has come to be known among the defense bar as “the Candygram case.” Voting 2-1, the Third Circuit agreed with Lindy’s argument that evidence of drugs found in a hotel room should have been suppressed by the trial judge because the police had “manufactured” an emergency situation to justify a warrantless search. The majority concluded that police had used “subterfuge” to gain entry to the hotel room by falsely claiming they were “room service,” and, just moments later, that they were maintenance workers sent to fix a leak. After those two attempts failed, the officers identified themselves as police and then heard the sound of a toilet flushing � an event that prosecutors said allowed the police to enter immediately due to “exigent circumstances.” But the Third Circuit agreed with Lindy and held that the investigative tactics used by the officers had “impermissibly manufactured the exigency.” Defense lawyers have nicknamed the decision “the Candygram case” � a reference to the classic “Saturday Night Live” skit from the 1970s in which a “land shark” gains entry to an apartment, after several failed attempts, by claiming to be a Candygram deliveryman. Now Lindy’s victory has been sealed because the Justice Department has decided not to pursue a petition to have the case reargued before a 13-judge en banc panel of the Third Circuit. Instead, prosecutors filed a motion to dismiss all charges against Terrance Coles. Chief U.S. District Judge Harvey Bartle III on Tuesday granted the motion, vacated Coles’ 11-year prison sentence and ordered that Coles “shall be released from custody immediately.” � The Legal Intelligencer

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