Author Archives: admin

Reason’s for Grounds for an Appeal: Juror Misconduct Part IV

Reason’s for Grounds for an Appeal:  Juror Misconduct Part IV When information or evidence that would not be admissible at trial reaches the jury, the trial judge must weigh all the circumstances and determine in his/her discretion whether or not a defendant’s right to a fair trial has been violated.  The denial of a motion [...]

Reason’s for Grounds for an Appeal: Juror Misconduct Part III

Reason’s for Grounds for an Appeal:  Juror Misconduct Part III When a juror has been exposed to some kind of media, whether it was a television, radio, notes from the prosecutor without being admitted into evidence, newspaper, magazine – even a bible or dictionary – (in certain circumstances) this could be valid grounds for an [...]

Reason’s for Grounds for an Appeal: Juror Misconduct Part II

Reason’s for Grounds for an Appeal:  Juror Misconduct Part II We’ve gone over an exhaustive list of examples that would warrant an appeal.  One of the examples was “juror misconduct”.  The topic of juror misconduct is massive.  There is almost no end of possibilities that could indicate juror misconduct.   What’s interesting about juror misconduct [...]

What Exactly is Juror Misconduct?

What Exactly is Juror Misconduct?   Juror misconduct is grounds for an appeal.  Behavior that would warrant the title of “juror misconduct” would be if a juror was drunk or on drugs during deliberations or trial.   Also, if there was improper communicatons between jurors and witnesses or counsel, for instance if the jurors talked [...]

Facts on Grounds for Appeal in a Criminal Case

One in five criminal appeal cases are won in California.   An appellate court can reverse the decision of a lower court ONLY when a legal error occurred that resulted in justice not being served.  No matter how perfect a trial was – there will always be mistakes.  Whether or not those mistakes made — [...]

Particulars of Being Arrested by Mistake

Particulars of Being Arrested by Mistake   We’ve gone over the descriptors required by California Law to be used by law enforcement when entering you and your arrest particulars into “the system”.  Two things I would like to clarify about this:   1.  I cited 19 descriptors that are unique to you, that are supposed [...]

Descriptors Required by Law to Identify the Right Suspect

Descriptors Required by Law to Identify the Right Suspect By California Law, (California Penal Code Sections 13125-1328), “All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following STANDARD DATA ELEMENTS:”   Name–(full name) Aliases Monikers (nicknames) Race Sex Date [...]

CII Number and Wrongful Arrests

CII Number and Wrongful Arrests CII Number stands for Criminal Identification Index.  It is an alpha/numeric number assigned by the DOJ when a person first gets fingerprinted.  This number becomes attached to your legal name after an arrest and fingerprinting.  The CII number  stays with you for no more than 100 years from the date [...]

CII Number and Wrongful Arrests

CII Number and Wrongful Arrests   CII Number stands for Criminal Identification Index.  It is an alpha/numeric number assigned by the DOJ when a person first gets fingerprinted.  This number becomes attached to your legal name after an arrest and fingerprinting.  The CII number  stays with you for no more than 100 years from the [...]

Wrongful Incarcerations and Criminal Databases

Wrongful Incarcerations and Criminal Databases   When an arresting officer gathers descriptors about a criminal, the information gets distributed to different divisions withing the Department.  The information is supposed to be uploaded to a National Database managed by a division of the FBI.  Is it that sometimes this information for some reason does not get [...]