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A law banning politically motivated apparel and accessories inside polling places is overbroad and violates the First Amendment. Carpenter v. United States: 16-402: 2018-06-22 Government acquisition of cell-site records is a Fourth Amendment search, and thus generally requires a warrant. Trump v. Hawaii: 17-965: 2018-06-26
The Idaho Supreme Court found that to require a defendant to show actual innocence in order to proceed with a legal malpractice claim against a criminal defense lawyer would conflict with the presumption of innocence a defendant is to enjoy at trial, disregards harm that may result to a client other than being convicted, and potentially allow a ...
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
The State Bar of California is an administrative division of the Supreme Court of California which licenses attorneys and regulates the practice of law in California. [2] It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially ...
The court also rejected the notion that court-appointed lawyers would be disloyal to their clients, thus preventing a fair appellate proceeding. Further, since the court rejects this application of the Sixth Amendment to appellate proceedings, then that cannot be held as a claim for the conclusion that a person has the right to represent ...
Pursuant to California Rule of Court 2.506 and Government Code Section 68150(h), courts may impose fees for the costs of providing access to its electronic records. Several superior courts do so, including Alameda, Los Angeles, Riverside, Sacramento, and San Diego, and the fees have been criticized by Thomas Peele as exorbitant and ...
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
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