Category: Uncategorized

  • A View from the Bottom – Discovery

    By Victor VeVea (c)2019 Prosecution Discovery Obligation The prosecution’s discovery obligation is codified in Penal Code §1054.1: The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to…

  • People v. Coneal – Rap Videos

    People v. Coneal, California Court of Appeal, November 6, 2019 Summary: Defendant was charged with a gang-related murder,  The Prosecution showed the jury multiple rap videos from different artists that had been downloaded from YouTube, some of which depicted Defendant.  A gang expert explained and interpreted the videos and the lyrics.  The court found admission of…

  • In Re: Jeremiah S. – Patdown

    In Re: Jeremiah S., California Court of Appeal, October 18, 2019 Summary: The victim of a purse snatching reported that her purse and phone had been taken by two Black males.  A ping of the phone traced it to the area where Defendant was found.  Officers conducted a patdown search and located the phone.  Defendant argued…

  • Criminal Justice Webpages

    Criminal Justice Webpages by Victor VeVea (c)2018 Some counties have judicial records online and available to the public. These official government web pages, which I’ll collectively call Criminal Justice Webpages (CJW), generally come in two categories: Superior Court webpages and Sheriff’s Department webpages. The Kern CJW’s are some of the best in the state. Kern…

  • A View from the Bottom – Motions Dates

    By Victor VeVea Tradition Kern County differs from most (perhaps all) other counties by setting a specific date that motions must be heard for each felony case in Bakersfield. The outlying courts don’t appear to set a motions date, but rather have certain days of the week that are available for hearing motions. The motions…

  • A View from the Bottom – Redaction

    By Victor VeVea (c) 2017 Protected Personal Identifying Information Statutory law provides many protections to restrict the disclosure of information that could be used to harm a victim or witness, and multiple laws, both state and federal, prohibit the disclosure of medical records. The main restrictions on disclosure applicable to criminal cases are found in…

  • A View from the Bottom – Expert Witnesses

      By Victor VeVea (c) 2016 The Bible explains that no prophet is accepted in his own country (Luke 4:24) and does not receive honor in his own country or among his own family (Mark 6:4; Matthew 13:57; John 4:44). The Quraysh clan in Mecca rejected the teachings of the Prophet Muhammad, even though it…

  • The [Not Very] Speedy Trial Act

    The [Not Very] Speedy Trial Act by Victor VeVea I. Introduction The Sixth Amendment to the Constitution guarantees criminal defendants a speedy trial, but the United States Supreme Court has struggled to quantify what exactly constitutes a speedy trial. The high court has not been able to come up with a set number of days…

  • Facebook – Tool for the Defense

      Facebook, Tool for the Prosecution Defense by Victor VeVea (c)2012 Facebook – a Growing Source of Evidence With an average of more than 150 million unique U.S. visitors every month, Facebook is the most popular social networking site and the second most popular Internet destination overall, only slightly behind Google and slightly ahead of…

  • Jesus Malverde in the Courtroom

    May guilt be inferred from religious beliefs? Note: This article by Victor VeVea (c)2010 was also published by California Attorneys for Criminal Justice in Forum magazine and has been cited in Actors, Practices, and Discourses in the Construction of the Mexican State, and multiple other publications. Introduction – Argumentum Ad Absurdum Consider these hypothetical[1] situations:…