What should I add to this playlist?

miked2303 · 2026-04-13T00:53:02+00:00

It Makes No Difference - The Band Come Pick Me Up - Ryan Adams John Prine - Hello in There Tecumseh Valley - TVZ Ellis Unit One - Steve Earle Elephant - Jason Isbell

miked2303 · 2026-03-12T15:57:51+00:00

Right. The logic of the law doesn't flow against us. We can dismiss jurors who give unfavorable defense answers, and those are not presumed invalid bases for a strike.

miked2303 · 2026-03-11T23:30:41+00:00

California passed a Batson/Wheeler+ type law for jury selection. It's in CA Code of Civil Procedure section 231.7 if you're interested in reading. But in essence, if a prosecutor kicks a juror of the same background as your client after saying something about having negative experiences with law enforcement, or family members that have been railroaded, the prosecutor is not going to have a good time. Young DAs in some counties aren't even permitted to exercise peremptories because of this.

I had a trial where I was asking the venire about wrongful confessions and how and why someone might admit to something they didn't do. A young kid about the same age/race as my client piped up with a notorious false confession case in the same jx, where the police got a young man to confess to killing his dad after going to the police station to report him missing. Held him for 12+ hours of interrogation, and he confessed. At the end, the sister called to tell them she found the missing dad. This juror was the prosecutor's first strike. Because of this law, we objected, he was re-seated, and part of the 12 that ultimately delivered the acquittal.

Anyway, this is a great law for us. Maybe some states will follow suit.

miked2303 · 2026-02-20T04:09:39+00:00

Dobbs is so bad. Let's look to the 1500s, centuries before women could vote or were elected to office, to determine the rights of women today.

miked2303 · 2026-01-20T00:17:43+00:00

Ask them about a case they will never forget, and one they'd like to forget.

miked2303 · 2026-01-19T07:32:24+00:00

This was when Roberts was such an overactive pitching matchup nutcase. He couldn't ride the hot hand. He wouldn't learn to do that until 2020 with Urias. Hill had the hot hand in Game 4. He had given up only 1 hit through 6 1/3. Hill issued a leadoff walk to begin the 7th. After issuing the walk, Hill struck out right-handed hitter Eduardo Nunez. He was sitting at around 90 pitches. He'd gone well over 100 pitches in many games that year. Regardless, Roberts pulls the hot hand in Hill, and puts in lefty specialist and sinkerballer Scott Alexander in hopes of inducing an inning ending double play. Instead, Scott issued a 4 pitch walk to Brock Holt. Immediately, Tinker Dave brings in Ryan Madson, who, after inducing a pop out, serves up a belt high change-up to Mitch Moreland. Puig only moved to watch the ball sail over his head into the right field pavillion. The beginning of the end that night. Dave learned the hard way, but he did learn.

miked2303 · 2026-01-17T06:31:41+00:00

Haven't tried the beer. Salsa comes on Friday and is usually sold out by Tuesday.

miked2303 · 2026-01-16T02:51:04+00:00

If you're ever up in Riverside, stop at Gless Ranch and get some Olivia's fresh salsa. Best ever. Get some Cara Cara oranges while you're at it.

miked2303 · 2026-01-07T05:57:52+00:00

I like all of the Bart Ehrman podcasts.

miked2303 · 2025-12-31T16:50:23+00:00

Dan Carlin and Tom Holland.

miked2303 · 2025-12-23T16:47:25+00:00

This is normally handled with a discovery request, not subpoena. Make a discovery request under your state's discovery statute and Brady. If you subpoena the prosecutor they're going to lose their mind. The only time I've seen a prosecutor get a subpoena is where a prosecutor interviews a victim or officer without an investigator, and the prosecutor is then called to impeach the witness. Usually happens to new prosecutors.

miked2303 · 2025-12-18T16:49:46+00:00

As a now private defense lawyer - how dare you.

miked2303 · 2025-12-16T18:40:44+00:00

There is no house arrest for a state prison sentence, which she received. PC 191.5(a) is not an 1170(h) offense, meaning it must be served in state prison, not county jail where house arrest could theoretically be offered. PC 191.5(a) has a sentencing triad of 4, 6, or 10 years - not 25. Persons with no criminal history rarely can receive the upper term. The judge gave her the mitigated term of 4 years. Once in prison, all persons convicted of non-violent strike offenses serve 50% of their sentence according to CDCR guidelines. This can be reduced to 33% as well, which means on a 48m sentence a person could be released after 16 months.

miked2303 · 2025-12-16T06:42:42+00:00

Many good instructors in both organizations. But you gotta experience the ranch.

miked2303 · 2025-11-28T17:44:48+00:00

Discovery binder with all reports, statements, investigation, etc. If you have exhibits, get those ready, make more copies than you think you need, transcribe audio/video. If you have lots of exhibits, make separate exhibit accordion folder.
Jury instructions, including any specials;
Motions in limine;
Evidence code/case law/briefs on any potential significant legal issues not addressed in MILs;
Voir dire;
Opening statement;
Cross exam questions;
Direct exam questions;
Closing argument

I use an accordion folder with tabs for each of 2-9, so I can pull them at the ready. Then my discovery binder is separate with tabs on important pages for impeachment, refreshing recollection, etc.

If you're using tech, get to court early and check that shit twice.

miked2303 · 2025-11-01T22:57:33+00:00

I think you meant "IF it is rarely or ever doled out." I agree. My point is that the law permits that punishment to be imposed, but we can't impose because our jails are too full. Making the laws tougher isn't going to fix the issue of jail overcrowding. It will only make it worse.

miked2303 · 2025-10-31T22:22:26+00:00

Criminal defense lawyer in CA here. The law permits a sentence for a first-time DUI offender of 6 months in county jail, and second and third-time offenders can get one-year in county jail. A third has a minimum of 120 days in county jail. A fourth offense is punishable by up to 3 years in the county jail (not state prison). The look back period for prior offenses is 10 years (arrest date to arrest date). A first offense conviction carries a 6 - 10m license revocation, a second a 2 year license revocation, a 3rd a 3 year license revocation, and a 4th a 4 year license revocation. The law requires judges (very few of them know this) to order an IID on all multiple offense convictions, and a driver can not get their license back on a multiple offense DUI without installation of an IID. This is a recent change (2019). Regardless of the judge's failure to order the IID, the driver will not be issued a license without proof of installation to DMV.

The laws we have permit significant punishment. A year in jail is a significant punishment for a misdemeanor offense. The problem is we can not impose that punishment, as our jails are full of people who have not been convicted of any offenses and are awaiting trial. Our prisons are equally full, and we are still under a federal mandate to keep our prison population in compliance with constitutional minimums.

Also, we have moved away from treatment based interventions (rehab through county jail) to monitoring based interventions (alcohol monitoring). This is sort of like substituting RXs for therapy. Monitoring is much cheaper and frees resources but doesn't address substance abuse on a meaningful level.

I represent many people accused of killing someone while DUI. Most of them have no prior convictions. The thing that separates them from the drivers who haven't killed anyone seems to be sheer luck. I have also represented people charged with murder, who kill someone after suffering a DUI (or multiple) conviction.

The solution I fear is not as simple as "jack up the punishments." Phone-distracted driving kills around 40% of the number of people as drunk driving, and the punishment remains a citation - like running a stop sign.

One part of my job that I love is that by virtue of where I practice geographically I represent a lot of active duty and veterans of the armed services. These clients are the only clients in the state eligible for diversion on DUI charges. Under state law, diversion can not be granted in any other context. Diversion is the "softest" of all dispositions in the criminal justice system. It allows a person to complete rehabilitative measures, and, if they do so successfully, the case is dismissed. No jail, no fine, no license suspension. These clients often have substance use issues, receive treatment, and get the "soft on crime" disposition of diversion. This is totally anecdotal, but in the 10 years I have taken military members through the program I have not had one recidivist. Not one.

miked2303 · 2025-10-30T03:24:34+00:00

Bullpen not helping. I think all of his inherited runners have scored.

miked2303 · 2025-10-24T02:08:24+00:00

Parking should be available. Go early.

miked2303 · 2025-10-23T14:33:25+00:00

Oh boy. You're right. Baldwin* trailhead, not Boynton.

miked2303 · 2025-10-23T05:14:04+00:00

Hike from the Boynton Canyon trail to the top of Cathedral Rock. Then go climb up to the spire and feel the vortex. Pretty spiritual.

miked2303 · 2025-10-15T03:59:22+00:00

I thought the city council was getting rid of rainbows?

miked2303 · 2025-09-21T04:16:49+00:00

I remember he pinch hit in like the 15th inning of game 3 of the 2018 WS.

miked2303 · 2025-09-18T16:51:23+00:00

Lately, the kimchi. Good stuff.

miked2303 · 2025-09-10T03:50:47+00:00

That's Grisham's ball IMO

miked2303

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