Present a Defense

Name: People v. Ahmed
Case #: A149066
Opinion Date: 06/19/2018
  • Categories: Areas Constitutional Law, Defenses, Present a Defense, Prop 215 (medical use of marijuana)

Summary

A city or county ordinance banning marijuana dispensaries does not abrogate the medical marijuana defense in a prosecution under state criminal law. Ahmed operated a medical marijuana business in Livermore, which has a municipal ordinance that prohibits marijuana dispensaries. After…

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Name: People v. Lazarus
Case #: B241172
Opinion Date: 07/13/2015
  • Categories: Appeals, Areas Constitutional Law, Delay, Due Process, Evidence, Present a Defense, Pretrial Motions, Scientific Evidence, Speedy Trial

Summary

People v. Nelson, which held that negligence as well as purposeful pre-accusation delay may violate due process, applies where the crimes occurred after the passage of the truth-in-evidence provision of the California Constitution. Lazarus, a Los Angeles police officer, was…

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Name: People v. Ramirez
Case #: G049935
Opinion Date: 01/28/2014
  • Categories: Areas Constitutional Law, By CALCRIM Number, Defenses, Jury Instructions, Justification for act: homicide or assault, Present a Defense

Summary

CALCRIM No. 3472 (contrived self-defense), misstates the law by directing the conclusion that a defendant who provokes a fight intending to use only non-deadly force, has no right of self-defense against an adversary's deadly attack. Ramirez and his brother were…

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Name: Trillo v. Biter
Case #: 11-15463
Opinion Date: 06/16/2014
  • Categories: Areas Constitutional Law, By Prosecutor, Due Process, Extraordinary Remedies, Habeas Corpus (Federal), Ineff. Assist. Counsel (IAC), Misconduct, Present a Defense, Right to Counsel

Summary

In murder case, prosecutor's comments regarding defendant's "lame story" and the "meaning" of reasonable doubt were improper but harmless. Trillo was convicted in California of second degree murder for the shooting death of a man at a party. His conviction…

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Name: Frost v. Boening
Case #: 11-35114
Opinion Date: 04/24/2014
  • Categories: Appeals, Areas Constitutional Law, Const./Statutory Reqmts, Due Process, Extraordinary Remedies, Habeas Corpus (Federal), Prejudice, Present a Defense, Review Principles, Right to Counsel, Scope of Right

Summary

Trial court's preclusion of inconsistent defenses during closing argument is structural constitutional error requiring reversal. Frost was convicted of five different robberies and given a 55-year prison term. He offered two defenses during opening argument: The prosecution failed to prove…

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