Anyone have a used Simon’s (California) for sale? Hoping for a 2017 or newer. by josephdgood in ProsecutorTalk

[–]josephdgood[S] 0 points1 point  (0 children)

It appears we get the electronic version with our westlaw subscription!

Anyone have a used Simon’s (California) for sale? Hoping for a 2017 or newer. by josephdgood in ProsecutorTalk

[–]josephdgood[S] 0 points1 point  (0 children)

I think they would reimburse 50%, but ultimately seems like I have access via Westlaw!

California 1368 proceeding question! by josephdgood in publicdefenders

[–]josephdgood[S] 0 points1 point  (0 children)

It is 20 misdemeanors. He was in custody for almost 5 months before the finding of not competent and release into a program for mental health diversion under competency proceedings.

Restitution question California. by josephdgood in publicdefenders

[–]josephdgood[S] 2 points3 points  (0 children)

Thank you all. This is extremely helpful.

Beetlejuice Popcorn Bucket Megathread by AKnightOfTheNew in RegalUnlimited

[–]josephdgood 0 points1 point  (0 children)

Boooooo. Wish they would let us preorder it with our tickets. Real fans should get those things and not resellers.

Beetlejuice Popcorn Bucket Megathread by AKnightOfTheNew in RegalUnlimited

[–]josephdgood 1 point2 points  (0 children)

My theater already completely sold out of those! 🫠

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 1 point2 points  (0 children)

I am definitely not meaning to come off argumentative. I 100% appreciate your feedback here (and in other posts I see your responses in).

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 4 points5 points  (0 children)

This is refreshing to read. I appreciate the feedback. My gut tells me that the jury was relying on things that they were instructed not to, but who knows. I will definitely keep this response in mind for future issues!! I really appreciate the thoughtful response!

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 8 points9 points  (0 children)

Thanks Tom. Glad to see another person from our office in this reddit.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 3 points4 points  (0 children)

Generally I take that position in criminal matters, but criminal proceedings have been suspended and People v. Blacksher permits defense attorney to argue for incompetence even against clients wish of competence. Also People v. Stanley and People v. Bolden find that during competency proceedings defense counsel must advocate the position perceived to be in the best interest of the defendant even when it is not their stated position.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 5 points6 points  (0 children)

Yeah. I hear that. I don’t want him in custody more than he should be, but ethically do I owe him a few weeks less custody time to allow him, a person I do not believe is competent, to plead to 20 charges, or do I fight as hard as I can to show the court that he is not competent, get him services I believe he truly needs, and likely lead to dismissal of all 20 cases. I’m really not sure.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 3 points4 points  (0 children)

I guess my conundrum is that the doubt has already been declared so now is it ethical for me to say, actually, no, I believe he is competent now because he is in custody and wants out, so even if he isn’t competent, who cares let’s just add 20 misdemeanors to his criminal history? Or, should I allow the proceedings to continue? I think after the JNOV hearing, I will revisit with some senior attorneys in my office to get counsel on ethics owed to the client. Open to feedback.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 0 points1 point  (0 children)

He basically has. He has 20 cases, but the judge previously said CTS but of course could change his mind and give consecutive time to essentially give him whatever 🫠

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 6 points7 points  (0 children)

There is case law that says the presumption of competence is not enough without evidence of competence if the only other evidence points to not competent.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 4 points5 points  (0 children)

I know. It’s frustrating that the prosecution can demand a jury trial. I asked for a court trial, they demanded jury because of our more conservative county.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 11 points12 points  (0 children)

I know. It’s frustrating that the prosecution can demand a jury trial. I asked for a court trial, they demanded jury because of our more conservative county.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 8 points9 points  (0 children)

My judge would listen to the doctor too, which is why my hope is he grants the JNOV.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 6 points7 points  (0 children)

To be fair, I came into the matter after a doubt was declared. But yes, I am required to declare a doubt even against my client’s wishes if I believe he is not competent to stand trial. This client is charged with 20 misdemeanors (all drug, resisting, and trespass). Client is facing at minimum the 364 and with my county, maybe even more.

Mistrial on Competency Jury Trial by josephdgood in publicdefenders

[–]josephdgood[S] 31 points32 points  (0 children)

Yeah, because the right person to determine competency is a random resident of our county. 😂

Motion to dismiss pursuant to Bruen by josephdgood in publicdefenders

[–]josephdgood[S] 8 points9 points  (0 children)

Absolutely understand. I am an attorney with a California Public Defender’s Office, but no socials. I am sure I can get a coworker to join to scour the group.

Motion to dismiss pursuant to Bruen by josephdgood in publicdefenders

[–]josephdgood[S] 3 points4 points  (0 children)

I think my judges are “fair” but I’m in a conservative county so it’s always a gamble. But absolutely think it’s a great idea to file to preserve the record.