Legal News

Defending the Charge of Rape

By Law Offices of John D. Lueck |

It is often said, “the charge of rape is easily made, but almost impossible to defend”. This is most certainly a true statement. We often hear in the news about some woman, home alone in her apartment. Someone breaks in, wearing a ski mask, and. rapes her. While this is the common image of… Read More »

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…But is it Rape?

By Law Offices of John D. Lueck |

Earlier this year, the California Court of Appeals had to determine whether or not a rape occurred when a man entered a sleeping woman’s bedroom and had sex with her, when she thought at the time that the man was her boyfriend. The court held that a rape did not occur, but only because… Read More »

Boston Bombing Suspect Longest Held Without Miranda Rights

By Law Offices of John D. Lueck |

Boston marathon bombing suspect Dzhokhar Tsarnaev was held in custody for more than 60 hours before being advised of his Miranda rights. Miranda rights are intended to protect the accused from coercive questions. The Justice Department defended not issuing the Miranda warning by invoking the public safety exception, out of fear that the public… Read More »

Los Angeles Jury Returns Verdicts in Trial of the “Bell 6”

By Law Offices of John D. Lueck |

A jury in Los Angeles County returned verdicts in the trial of six former Bell City council members (the “Bell 6”) charged with misappropriating public funds to pay themselves excessive salaries. The scandal came to light in 2010 following the publication of a series of articles in the Los Angeles Times discussing the large… Read More »

California Supreme Court Upholds Psychotherapist-Patient Privilege

By Law Offices of John D. Lueck |

The Sexually Violent Predator Act (SVPA) allows California to keep sexually violent predators (SVP) locked up even after they have completed their prison sentences. The SVP receives a civil commitment trial to determine the risk of recidivism. Statistically, there is a high commitment rate for SVPs –a rate that could be even higher if… Read More »

Impact of California A.B. Prison Realignment Law

By Law Offices of John D. Lueck |

Governor Jerry Brown signed into law A.B. 109 effectively transferring responsibility for nonserious, nonviolent and non-Penal Code §290 registerable sex offenders from the state to the counties. The law was an apparent response to a U. S. Supreme Court order to reduce California’s prison population to 137 percent of capacity by May 24, 2013… Read More »

California’s Highest Court Upholds Parole Delays Under Marsy’s Law

By Law Offices of John D. Lueck |

In 2008, California voters approved Proposition 9, the Victim’s Bill of Rights Act. Also known as Marsy’s Law, the Act expanded the rights of victims to be notified of parole hearings, present information to the Board of Parole Hearings, and to require the Board to consider the “entire and uninterrupted” statements of victims, their… Read More »

Local Jails Might Limit Immigration Holds For Felony Convicts Only

By Law Offices of John D. Lueck |

Gov. Jerry Brown recently met with leaders from the California State Sheriffs’ Association to discuss ways to give city police and county sheriff’s departments discretion on immigration enforcement. In 2013, many of California’s local jails might limit federal immigration “holds” to detainees with felony convictions, greatly reducing the number of people deported solely for… Read More »

U.S. Supreme Court to Decide Whether DUI Suspects Can be Forced to Give Blood Sample

By Law Offices of John D. Lueck |

The Supreme Court will soon decide whether a DUI suspect can be forced to give a blood sample without a search warrant. The case arises from Missouri v. McNeely. McNeely was stopped for speeding and crossing the center line by a Missouri police officer. McNeely refused to take a breath test and was taken… Read More »

Law Provides Juveniles Convicted of Murder with the Possibility of Parole

By Law Offices of John D. Lueck |

The U.S. Supreme Court ruled in the 2005 case of Roper v. Simmons that juvenile offenders could not be executed for their crimes, based on the 8th Amendment bar against “cruel and unusual punishment.” This year, the Court further extended this ruling in Graham v. Florida to prohibit life without the possibility of parole… Read More »

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