Blog Jay Leiderman Law

Category Archives: constitution

The trial court did not err by failing to conduct a Kelly hearing on the reliability of fingerprint evidence.  Defendant argued the trial court erred when it admitted fingerprint evidence connecting him to the crimes because the scientific community has rejected the reliability of fingerprint evidence. However, fingerprint evidence is not subject to a Kelly […]

HAVING A BAILIFF STAND BEHIND THE DEFENDANT WHILE HE TESTIFIES VIOLATES THE STATE AND FEDERAL CONSTITUTIONS In People v. Hernandez, (2009) 175 Cal. App. 4th 940, the defendant testified in his Assault with a deadly weapon trial.  He was in custody.  The bailiff took up a position standing directly behind the defendant while the defendant […]

Equal Protection: Possession of a destructive device ~ California Penal Code section 12312 PENAL CODE SECTION 12312 (Possession of a destructive device) VIOLATES THE EQUAL PROTECTION CLAUSE OF THE U.S. AND CALIFORNIA CONSTITUTIONS Similarly situated individuals, who are punished differently for violations of the law without a compelling state interest to justify that different punishment, […]

THE DEFENSE MOVES FOR AN ORDER IN LIMINE TO EXCLUDE ALL STATEMENTS MADE BY THE DEFENDANT IN VIOLATION OF HIS/HER MIRANDA RIGHTS Any and all statements made by THE DEFENDANT are incompetent, hearsay and prejudicial (pursuant to Evidence Code § 352) and made in the absence of a Miranda admonition when THE DEFENDANT was arrested and in […]

THE HUMAN DIGNITY OF THE ACCUSED, AND THE FUNDAMENTAL DIGNITY OF THE COURT REQUIRE THAT DEFENDANT APPEAR WITHOUT RESTRAINTS AT TRIAL, ABSENT MANIFEST NECESSITY TO SHACKLE Many years ago, Blackstone wrote “though under an indictment of the highest nature, [the defendant] must be brought to the bar without irons or any manner of shackles or bonds, unless […]