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News from the Director

Recent Victory Highlights
August 6, 2008

This month's highlights from our victory blog include a Batson/Wheeler reversal and the overturning of a probation condition prohibiting medical marijuana use.

In People v. Allen , no. A118253, a case that made its way to the United States Supreme Court and back to the First District, the Court of Appeal held that the prosecutor's reasons for challenging one of the African-American jurors were factually unsupported and insufficient to overcome the defendant's prima facie showing of discrmination. The Court of Appeal reversed and remanded for a new trial. Our victory blog post on Allen, which includes a link to the opinion, is here.

In People v. Finks , no. A118616, the Court of Appeal struck the defendant's probation condition requiring him to surrender his valid medical marijuana card and preventing him from obtaining a new one during the term of probation. The Court of Appeal deemed the condition overbroad and found the more narrowly drawn probation condition preventing the probationer from driving a motor vehicle with any drugs in his system sufficient to accomplish the legitimate aim of preventing unsafe driving. Our victory blog post on Finks, which includes a link to the opinion, is here.

There are many victories posted on the victory blog, where you can peruse them all, or use the blog search engine to look for reversals in specific areas of law.

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