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July 9, 2010

INVOLUNTARY MANSLAUGHTER VERDICT IN BART KILLING

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 3:28 am

A Los Angeles convi

cted a white former transit officer of involuntary manslaughter in the shooting death of an unarmed black man on an Oakland train platform. Johannes Mehserle was found guilty on Thursday in the New Year’s Day 2009 killing of 22-year-old Oscar Grant. Involuntary manslaughter carries a sentence of two to four years.

The California Penal Code section 192 defines manslaughter as follows:

Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:

(a) Voluntary–upon a sudden quarrel or heat of passion.

(b) Involuntary–in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

(c) Vehicular–

(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

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Was 90 days a just punishment for Lindsay Lohan?

Filed under: Los Angeles Criminal attorney — Tags: , , , — fayarfa @ 3:23 am

On July 6, 2010, Judge Marsha Revel, a Beverly Hills judge, sentenced actress Lindsay Lohan to 90 days in jail for violating the terms of her probation. Ms. Lohan cried and begged Judge Revell for another chance to try to successfully complete her probation.

Ms. Lohan claimed that she did her best to comply with the terms and conditions of probation. But, Judge Revel cited a number of times in which the actress lied to the court and to authorities. Judge Revel sentenced Ms. Lohan to three 30-day sentences and also ordered her to spend 90 days in a locked-down drug rehabilitation facility. Should Judge Revel have given Ms. Lohan another chance or was the 90 days in jail and 90 days in a residential rehabilitation facility just punishment?

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