Blog Jay Leiderman Law

Category Archives: courts

Many people often associate the phrase “domestic violence” with physical abuse. Once a person claims to be a victim of domestic violence, we readily conjure up images of that individual being on the receiving end of slaps, punches and other forms of physical abuse. While it’s true that physical violence is directly related to domestic […]

A Petitioner is entitled to competent privately retained counsel on Habeas Corpus. (In re Clark (1993) 5 Cal.4th 750, 780)  In addition to that, here, the ineffective assistance of counsel has denied the petitioner access to the courts.  The ineffective assistance of counsel claimed denied petitioner actual access to courts including the trial court, the […]

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 […]

Rules for Sentencing a Criminal Defendant Decisions related to sentencing a criminal defendant that criminal courts must take into account include “the nature of the offense and/or the offender, with particular regard to the degree of danger both present to society.” In re Rodriguez (1975) 14 Cal.3d 639, 654, quoting In re Lynch (1972) 8 […]

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 […]