A person v. R.P. (2004, 2007) the defendant was charged under the “three-strikes” law with sales of cocaine and was sentenced to twenty-five years to life.However, the defendant had been subject to gross prosecutorial misconduct, which his previous lawyer had left unaddressed.Following a successful appeal brought because of a motion to dismiss, the Court of Appeal remanded the case back for re-sentencing.After a lengthy evidentiary hearing, the trial court reversed the defendant’s life sentence and agreed that the District Attorney committed misconduct.The defendant will now have a second-chance outside prison.
A person v. M.W. (2006) The defendant was charged with child endangerment after he disciplined his 14-year old daughter.Asserting that the Government had no right to interfere in the sanctity of a parent’s right to discipline their children, the jury quickly returned a verdict of not guilty.
People v. J.G.(2006) The defendant was driving in his car with his wife and brother when a crazed driver nearly ran them off the road.When it became apparent to the other driver that the defendant’s family was calling the police, the crazed driver called the police to report that the defendant vandalized his car while driving!Unbelievably, the police and District Attorney believed the crazed driver and charged the defendant with vandalism and assault!The jury quickly returned a verdict of not guilty.
A person v. M.R. (2005) the defendant was charged with robbery and the use of knife allegations.After cross-examination, the supposed “victim’s” version of the events dramatically differed from what he told the police; the jury found the defendant guilty of a lesser charge and the defendant was released from custody soon thereafter.
People v. R.O. (2005) The District Attorney initially charged the defendant with felony child endangerment and assault likely to produce great bodily injury.After a judge reduced the charges to a misdemeanor, the case was brought to trial.Although the jury was unable to reach a verdict, (the jury voted 11-1 in favor of an acquittal), the District Attorney agreed to dismiss the misdemeanor and the client paid a small fine.
People v. G.B. (2005) The District Attorney charged the defendant with numerous felony domestic violence counts.After successfully obtaining an order for the defendant’s release on his own recognizance, the jury acquitted the defendant of a number of felony counts and a mistrial was declared as to the others.Following pressure by the Court, the District Attorney’s office agreed to dismiss the felony counts and the defendant pled to a non-domestic violence misdemeanor count with no jail time.
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