Tim Warriner Archive: January, 2006

Hoping for a Good Result in Brendlin
In People v. Brendlin, now pending before the United States Supreme Court, at issue is whether automobile passengers have standing to contest an illegal automobile stop. I represented Mr. Brendlin at...
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Leon Has its Limits: United States v. Thai Luong (9th Cir.2006)
At issue in Luong was the search of Luong’s residence pursuant to a search warrant. The search warrant stated that the Hong Kong office of the DEA had informed the Los Angeles office that “a susp...
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Latest Victory! Appeals Court Finds Improper Exclusion from Drug Treatment
It's nice when the Court of Appeal agrees with you and publishes their decision. This is especially true when your client will get out of prison and be permitted to participate in a drug treatment pr...
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United States v. Zavala—Booker revived!
On April 11, 2006, the Ninth Circuit filed its opinion in United States v. Zavala. The case is significant in that it shuts-down the practice of treating the Guideline calculated sentence as the pres...
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My Thoughts on Georgia v. Randolph
In Georgia v. Randolph, a case decided this week, the Supreme Court held that when one co-occupant of a residence consents to police entry into the home, and the other co-occupant, who is present on s...
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Case of the Month: People v. Hofsheier
Does Penal Code section 290 violate the equal protection clause of the state or federal Constitution by requiring a defendant convicted of oral copulation with a minor to register as a sex offender bu...
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New "Three Strikes" Initiative: a Step in the Right Direction
Los Angeles County District Attorney Steve Cooley is proposing a ballot initiative that would modify the existing "three strikes" law to better implement the intent of the voters. The new initiative ...
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Case of the Month: Batson post Miller-El & Johnson-- Williams v. Runnels
In Williams v. Runnels (9th Cir. Jan. 5, 2006), the appellant argued that during his state trial for second-degree robbery, he made a prima facie showing of discrimination under Batson v. Kentucky whe...
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Case of the Month: The 9th Circuit Unchained! US v. Howard
In United States v. Howard (Nov. 15, 2005), the 9th Circuit prohibited the practice of the Central District of California of shackling all defendants during arraignment in front of a magistrate judge....
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More Comments About Raich
Finally . . . an accurate, and humorous, media analysis of the Raich opinion. Check out the June 27, 2005 edition of The New Yorker ("The Talk Of The Town," p. 33.). I do not know if writer Hendrik ...
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