California Lawyers Association

Criminal Law eNews

Articles and updates from the Criminal Law Section eNews

Judge Cynthia A. Bashant of the Southern District of California in San Diego and Judge Jon D. Levy of the District of Maine in Portland were both appointed by President Obama in 2014 and confirmed at the same time. Read more
This article is republished with permission from Law360 Alan Ellis By Alan Ellis As this "Views From The Bench On Sentencing Representation" series of articles continues to develop, I have had the privilege of interviewing 12 federal judges to date. Each of the judges, of course, has his or her own style and philosophy. However, through conversations with each of them, I have recognized the value of sharing the thoughts of the judges on specific topics. For this article, I… Read more
This article is republished with permission from Law360 Alan Ellis By Alan Ellis In the first article published in this series on March 1, 2016, I shared some do's and don’ts for lawyers representing clients during sentencing. This information was gathered during interviews conducted with Judge Jed Rakoff of the Southern District of New York and Senior Judge Mark Bennett of the Northern District of Iowa. For this second article in the series, I interviewed Judge Patrick J. Schiltz of… Read more
In an article published in the fall 2015 issue of the American Bar Association’s Criminal Justice magazine (“Advice from the Bench for White Collar Client Facing Sentencing”), I shared some of what I have learned from federal judges during my nearly 50 years of practice.[1] After that article published, I felt that an expanded, in-depth article that featured the experience, philosophy and viewpoints of those and other federal judges was needed. Law360 agreed, and a multipart series was born. Read more
All CLA members have complementary access to the Fastcase legal research system. To access Fastcase, login to your CLA account and click on Fastcase. On the next page, you have the option of clicking a hyperlink to directly view Sections publications, including the Criminal Law Journal. Editions of the Criminal law Journal are listed by date and volume. You can also download the editions as a PDF. Alternatively, you can locate and search Sections publications through the Fastcase system. Click… Read more
The Criminal Law Section held their Executive Committee meeting this weekend in Sacramento with special guest Ona Dosunmu, CLA Executive Director. Read more
Trial court did not err in denying defendant's motion to suppress drug evidence where a dog sniff that occurred while an officer was writing a citation did not unconstitutionally prolong defendant's detention for a traffic stop. A police officer with a narcotics-certified dog stopped Vera because his car windows were illegally tinted. Because the officer could not see into Vera's car, he ordered Vera out of the car. Read more
The Criminal Law section wishes to encourage you to pursue legal specialization. To become a legal specialist, you must pass a written examination, satisfy the task and CLE requirements, and get favorable evaluations from attorneys and judges. Read more
Donald Heller, a member of the Criminal Law Section Executive Committee, is representing William "Rick" Singer, the lead defendant in the college admission prosecution. Mr. Singer, was the CEO of a college admissions prep company called The Key, which is alleged to function as an SAT-fixing and college admissions-rigging scheme. Fifty persons were charged in the indictment, filed in United States District Court, District of Massachusetts. Read more
Penal Code Section 1170.91 provides that a veteran, upon being convicted of a felony, may introduce evidence of a mental health malady arising from military service at sentencing, and that the court must take such evidence into account in sentencing as a factor in mitigation. This law took effect January 1, 2015. Read more

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