BLOG BULLETS: A recent Ninth Circuit case recognizes generic definitions of aggravated assault and attempt and finds the New Jersey statutes at issue there don’t come within those definitions. Another recent Ninth Circuit case recognizes that California robbery doesn’t satisfy the “force” clause of the Armed Career Criminal Act and so doesn’t qualify as a […]
Read/Write CommentsLA City Council Approves $24.3 Million Payout For Wrongful Murder Convictions LOS ANGELES (CBSLA.com) — The Los Angeles City Council agreed today to pay a total of $24.3 million to settle a pair of wrongful conviction cases filed by two men who each served more than two dozen years in prison for murders they did not […]
Read/Write CommentsBLOG BULLETS: Effective August 1, the career offender “crime of violence” definition has been amended to eliminate the residual clause, though some specific residual clause offenses are being specifically included in the guideline. The amendment also eliminates burglary of a dwelling from the guideline. California robbery, which is overbroad because it includes takings by threats […]
Read/Write CommentsBLOG BULLETS: Prior inconsistent statements are always admissible to impeach a witness, so long as they’re in fact inconsistent. Prior inconsistent statements are admissible for their truth only if given under oath at a trial, hearing, or other proceeding. A prior statement may be “inconsistent” without being directly contradictory; the somewhat ambiguous test is whether […]
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