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News from the Director

Recent Victory Highlights
July 29, 2010

This month's highlight from our victory blog is the reversal of a true finding on a Three Strikes prior conviction allegation, due to trial counsel's failure to object to a police report admitted to prove the prior conviction allegation.

In People v. Raybon, no. A125020, the Court of Appeal found that a police report upon which the prosecution relied to prove that a 1998 Georgia conviction for "burglary of a dwelling house" was a prior strike was inadmissible, that trial counsel was ineffective for failing to object to the admission of the report in evidence, and that the true finding on the prior strike allegation must therefore be reversed. The Court of Appeal held that a police report is not a part of the record of conviction and thus may not be used to prove a prior conviction. The Court of Appeal further concluded that defense counsel was ineffective because she actively argued that the Georgia conviction was not a strike but failed to object to the police report. Our victory blog post on N.E., 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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