Blog Jay Leiderman Law

Category Archives: constitutional

“Excessive bail shall not be required…” Eighth Amendment to the US Constitution.  Even so, this very moment, approximately 450,000 people who have not been convicted of a crime are being held in U.S. jails. Many of them are there simply because they cannot afford to pay for their release. As detailed below, bail is inherently […]

Petitioner enjoyed the right to raise the defense of personal autonomy and privacy in the bedroom. Petitioner was denied the ability to raise his defense because of the language in People v. Giardino (2000) 82 Cal.App.4th 454 and People v. Dancy (2002) 102 Cal.App.4th 21.  This was accomplished by the reliance upon such phrases as: “Had […]

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 […]

GANG MEMBERSHIP IS CONSTITUTIONALLY PROTECTED AND THE FIRST AND FOURTEENTH AMENDMENTS PROHIBIT CRIMINALIZING GANG MEMBERSHIP PER SE Like it or not, gang membership is constitutionally protected activity.  (Dawson v. Delaware (1992) 503 U.S.  159, 161; see also City of Chicago v. Morales (1998) 527 U.S. 41.)  Admittedly, Penal Code § 186.22, which closely parallels § 182.5, has […]

THE GRAND JURY PROCEEDINGS VIOLATED DEFENDANT’S DUE PROCESS RIGHTS The grand jury’s ability to safeguard accused persons against felony charges which it believes unfounded is an attribute of due process of law inherent in the grand jury proceeding; this attribute exists for the protection of persons accused of crime before the grand jury, which is […]