Blog Jay Leiderman Law

Category Archives: defendant

A ten-year delay due to attorney misrepresentations was excused by the appellate court in In re Grunau, 169 Cal.App.4th 997 (2008). The court in part said that “it does not lie in the state’s mouth to object to relief, since it has in a sense warranted the attorney’s competence by issuing him a license.” Id. […]

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 […]

Trial Counsel failed to do any investigation into the mitigating facts of this case.  There was no evidence of good character or mental illness provided to the court. Petitioner’s trial attorneys failed to raise any issue about petitioner’s mental health at any time.  This would have served to explain the context in which these crimes […]

Defendant had no 4th Amendment reasonable expectation of privacy in his shared folder associated with the P2P (peer-to-peer) network. (312) (425) The evidence leading to defendant’s arrest was obtained when police used software that targets peer-to-peer file-sharing networks to identify IP addresses associated with known digital files of child pornography. Defendant argued the use of this […]

Failure-to-Recall Instruction At defendant’s competency trial, all the experts agreed that defendant appeared to suffer from impaired memory. Therefore, at the prosecution’s request, the jury was instructed: “The inability to recall facts or information does not in and of itself render a defendant incompetent to stand trial; however, it is a factor to be considered […]