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To prove they received ineffective assistance, a criminal defendant must show two things: Deficient performance by counsel Resulting prejudice, in that but for the deficient performance, there is a "reasonable probability" that the result of the proceeding would have differed.
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
In the majority of U.S. jurisdictions, character evidence is inadmissible in civil suits when being used as circumstantial evidence to prove that a person acted in conformity with their character; it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. [2]
The state appealed to the 3rd Court of Appeals, saying the ruling would prevent the prosecutors from presenting any evidence in the case. The appeals court said in May 2023 that it lacked ...
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
People v. Diaz, 51 Cal. 4th 84, 244 P.3d 501, 119 Cal. Rptr. 3d 105 (Cal. January 3, 2011) was a Supreme Court of California case, which held that police are not required to obtain a warrant to search information contained within a cell phone in a lawful arrest. [1]
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
The case puts the nation’s highest bench in the middle of a presidential election for the first time since 2000 at a moment when the public largely views the Supreme Court as partisan.