Blog Jay Leiderman Law

Category Archives: Supreme Court

Ode to the dawn of the twilight Nothing much happened today. Nothing much at all. Congress did some stuff. Whatever. Well maybe not exactly whatever. See, there was formerly an uncodified mandate that ISPs (the mega corps that provide you with internet service) not do things like sift through, store and sell your browsing data. […]

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 […]

A defendant is rendered ineffective assistance of counsel if he or she rejects a favorable plea bargain due to “misadvice from defense counsel.” People v. Miralrio, 167 Cal.App.4th 448, 461 (2008); see In re Alvernaz, 2 Cal.4th 924 (1992); People v. Goodwillle, 147 Cal.App.4th 695, 734 (2007) (incorrect information from court and prosecutor). This has […]

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 United States Supreme Court has held that the Sixth Amendment requires “at a minimum, that criminal defendants have . . . the right to put before a jury evidence that might influence the determination of guilt. [Citations.]” (Pennsylvania v. Ritchie (1987) 480 U.S. 39, 56.)  Exclusion of necessary defense evidence is subject to due […]