BLOG BULLETS: The government can waive its right to contest standing by making contrary assertions in court proceedings, acquiescing in contrary findings, and/or failing to raise the question in a timely fashion. The “contrary assertions” may be in other proceedings in the case; several Ninth Circuit cases recognize that the government can’t make inconsistent arguments […]

BLOG BULLETS: While case law says a defendant is entitled to an evidentiary hearing on a motion to suppress if he makes a sufficiently definite and detailed offer of proof, the Ninth Circuit has upheld local rules requiring the offer of proof be in a declaration by a witness with personal knowledge. Such rules are […]

BLOG BULLETS: Another district judge has ruled that prior drug possession convictions redesignated as misdemeanors under Prop 47 can’t be used to support an 851 enhancement. The same judge also appears to have treated such a redesignated conviction as a misdemeanor for purposes of the Rule 609 limits on use of prior convictions for impeachment. […]

BLOG BULLETS: United States v. Garcia-Jimenez, 807 F.3d 1079 (9th Cir. 2015), provides a nice summary of the sources to look to in establishing the federal generic definition of a crime for purposes of the categorical approach. Garcia-Jimenez and United States v. Dixon, 805 F.3d 1193 (9th Cir. 2015), also nicely illustrate the sort of […]

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 […]

LA 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 […]

BLOG 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 […]

BLOG 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 […]

BLOG BULLETS: Effective December of last year, the rule of evidence governing prior consistent statements was broadened. The rule now allows prior consistent statements not just to rebut a charge of fabrication based on improper influence or motive but also to rehabilitate the witness when his or her credibility is attacked on any other ground. […]