Thursday, February 3, 2011
Wednesday, February 2, 2011
New Laws For 2011
California Governor Arnold Schwarzenegger signed more than 730 bills into law last year, most of which went into effect on January 1st. Here are some of the more noteworthy that affect California criminal law.
Regarding Marijuana:
Despite the fact that California voters recently declined to legalize marijuana, a new law reduces the crime of possessing less than an ounce of marijuana from a misdemeanor to an infraction.
Violations will not become a part of the defendant’s criminal record.Medical marijuana dispensaries may not open within 600 feet of a school.
Regarding Children:
Chelsea’s law (which actually took effect a few months ago) provides longer sentences and tougher parole conditions for those who are convicted of sex crimes against minors.
There will be longer prison sentences for anyone who causes permanent physical injury or disability to a child younger than 8.
Adults who knowingly provide alcohol to a minor…when the minor harms another person as a result…will be subject to civil liability.
Regarding Real Estate Fraud:
New laws not only make it easier for victims of foreclosure fraud to seek monetary damages from those who prey on their misfortune but also increase the penalties for those who pose as property owners to scam tenants in foreclosed and vacant homes.
Miscellaneous Laws:
The minimum threshold for a crime to be considered grand theft rises from $400 to $950.
The minimum fine facing domestic violence offenders who receive probation increases from $200 to $400.
New laws ban possessing a firearm in designated areas in public transit facilities, including train and subway stations.
And finally…if you are convicted of your third offense for fare evasion on the public transit system, you face a $400 fine or 90 days in a county jail.
Regarding Marijuana:
Despite the fact that California voters recently declined to legalize marijuana, a new law reduces the crime of possessing less than an ounce of marijuana from a misdemeanor to an infraction.
Violations will not become a part of the defendant’s criminal record.Medical marijuana dispensaries may not open within 600 feet of a school.
Regarding Children:
Chelsea’s law (which actually took effect a few months ago) provides longer sentences and tougher parole conditions for those who are convicted of sex crimes against minors.
There will be longer prison sentences for anyone who causes permanent physical injury or disability to a child younger than 8.
Adults who knowingly provide alcohol to a minor…when the minor harms another person as a result…will be subject to civil liability.
Regarding Real Estate Fraud:
New laws not only make it easier for victims of foreclosure fraud to seek monetary damages from those who prey on their misfortune but also increase the penalties for those who pose as property owners to scam tenants in foreclosed and vacant homes.
Miscellaneous Laws:
The minimum threshold for a crime to be considered grand theft rises from $400 to $950.
The minimum fine facing domestic violence offenders who receive probation increases from $200 to $400.
New laws ban possessing a firearm in designated areas in public transit facilities, including train and subway stations.
And finally…if you are convicted of your third offense for fare evasion on the public transit system, you face a $400 fine or 90 days in a county jail.
Tuesday, February 1, 2011
State Supreme Court Decision Upholding Execution Of Killer Prompts Dissent Over Dismissals Of Black Jurors
The California Supreme Court on Monday upheld the death sentence of an African American man convicted of killing an elderly white couple in Riverside County, a decision that prompted two justices to dissent on the grounds that prosecutors may have improperly challenged prospective black jurors.
In a majority ruling written by Justice Ming W. Chin, the state high court affirmed in a 5-2 decision the guilty verdict and death sentence against Albert Jones, who was 29 when he hog-tied, robbed and fatally stabbed James Florville, 82, and his wife, Madalynne Florville, 72, in their Mead Valley home in 1993.
"The record here shows that the prosecutor exercised his peremptory challenges to obtain a jury as favorable to his side as possible … and not to eliminate African Americans for racial reasons," Chin wrote for the majority.
But Justice Kathryn Mickle Werdegar and Carlos R. Moreno dissented on the grounds that the prosecutor's reasons for challenging three of five prospective black jurors were not backed by evidence and that the trial judge failed to probe the prosecutor properly.
"The prosecutor offered for each challenge important, even dramatic reasons — reasons the record does not support," wrote Werdegar, joined by Moreno. "That the record does not support the prosecutor's reasons suggests they were pretextual."
The U.S. and California constitutions prohibit attorneys from attempting to remove prospective jurors because of their race.
While picking a jury during Jones' trial, a defense lawyer objected to the prosecution's challenge of three prospective black jurors. The judge asked the prosecution to justify its use of the peremptory challenges. The prosecution said it wanted to remove one black man, who supervised 150 bus drivers, because he was a bus driver and local lighting conditions on the morning of the crime might be an issue because of an eyewitness in the case. The prosecutor said bus drivers might have firsthand knowledge of the lighting conditions.
But the prosecutor did not object to two other bus drivers who were empanelled. They were white. The prosecutor also challenged an African American woman because she was a member of a "controversial church." She was a member of an African Methodist Episcopal Church.
Another African American man was challenged and excused on the grounds that he had a son who had been charged with a serious crime. "I think it was murder or attempted murder," the prosecutor told the judge. But in a written questionnaire, that prospective juror failed to specify the kind of crime.
In ruling on Jones' appeal, the state high court majority noted that the prosecutor had unsuccessfully tried to empanel other African Americans who had been excused for various reasons. "The prosecution gave a detailed, specific, race-neutral explanation of each of the challenges in question," Chin wrote.
But because the judge failed to question the prosecutor thoroughly, it was impossible to know whether the prosecutor made "honest mistakes" in describing his reasons or removed jurors because of their race, Werdegar wrote.
In a majority ruling written by Justice Ming W. Chin, the state high court affirmed in a 5-2 decision the guilty verdict and death sentence against Albert Jones, who was 29 when he hog-tied, robbed and fatally stabbed James Florville, 82, and his wife, Madalynne Florville, 72, in their Mead Valley home in 1993.
"The record here shows that the prosecutor exercised his peremptory challenges to obtain a jury as favorable to his side as possible … and not to eliminate African Americans for racial reasons," Chin wrote for the majority.
But Justice Kathryn Mickle Werdegar and Carlos R. Moreno dissented on the grounds that the prosecutor's reasons for challenging three of five prospective black jurors were not backed by evidence and that the trial judge failed to probe the prosecutor properly.
"The prosecutor offered for each challenge important, even dramatic reasons — reasons the record does not support," wrote Werdegar, joined by Moreno. "That the record does not support the prosecutor's reasons suggests they were pretextual."
The U.S. and California constitutions prohibit attorneys from attempting to remove prospective jurors because of their race.
While picking a jury during Jones' trial, a defense lawyer objected to the prosecution's challenge of three prospective black jurors. The judge asked the prosecution to justify its use of the peremptory challenges. The prosecution said it wanted to remove one black man, who supervised 150 bus drivers, because he was a bus driver and local lighting conditions on the morning of the crime might be an issue because of an eyewitness in the case. The prosecutor said bus drivers might have firsthand knowledge of the lighting conditions.
But the prosecutor did not object to two other bus drivers who were empanelled. They were white. The prosecutor also challenged an African American woman because she was a member of a "controversial church." She was a member of an African Methodist Episcopal Church.
Another African American man was challenged and excused on the grounds that he had a son who had been charged with a serious crime. "I think it was murder or attempted murder," the prosecutor told the judge. But in a written questionnaire, that prospective juror failed to specify the kind of crime.
In ruling on Jones' appeal, the state high court majority noted that the prosecutor had unsuccessfully tried to empanel other African Americans who had been excused for various reasons. "The prosecution gave a detailed, specific, race-neutral explanation of each of the challenges in question," Chin wrote.
But because the judge failed to question the prosecutor thoroughly, it was impossible to know whether the prosecutor made "honest mistakes" in describing his reasons or removed jurors because of their race, Werdegar wrote.
The White Buffalo
Not much is known or written about singer-songwriter, The White Buffalo. Just finding his real name is difficult. But to those who know his music or have heard him play, they're sold. His following isn't great, but it's growing. It's how the elusive figure likes it; an organic, word-of-mouth happening.
His look is striking, like a man who stumbled out of the deepest reaches of the backwoods, with a guitar in hand. He's tall and burly, with long, greasy, brown hair and an unkempt, grizzly beard. While his look is indeed striking, his voice is compelling. Very much Vedder: pitch-perfect, but with range. All this from a man who's music has yet to even appear on radio.
Oregon-born, but Orange County-raised; the majority of his upbringing being in Huntington Beach. Despite the OC roots, he grew up listening to country (Merle Haggard and George Jones), which is apparent in the majority of his music. The man's music is simply infectious.
Pictured above is the White Buffalo, aka Jake Smith, at a private show in San Francisco, circa 2004.
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