David S. Nims

Maybe Not So "Inevitable" After All - First District Court of Appeal Says "No" to Prosecution's Claims of Inventory Search and Inevitable Discovery

One of the most common motions a criminal defendant and his or her attorney might bring is a motion to suppress evidence that was illegally obtained by law enforcement in violation of the defendant's constitutional protection against warrantless, unreasonable search or seizure. This constitutional right is guaranteed by the Fourth Amendment. Instead of seeking and obtaining a search warrant from a judge, law enforcement officers often rely on judicially-created exceptions to the Fourth Amendment's requirement of a search warrant.

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Using Restraining Orders to Deal with Threatening Neighbors and Other Harassment

A frequent call a general practice attorney or law firm like Janssen Malloy LLP might receive, unfortunately, is from an individual who feels harassed because he or she has been threatened by a neighbor, coworker, or some other relation. The neighbor scenario can be particularly vexing, because all too often a disagreement about a property boundary line, easement, fence, or any number of issues that may arise between two neighboring landowners can and should be resolved informally, or in the worst cases, through routine civil litigation.  
 

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Congratulations and Gratitude in Order for Retiring and New Humboldt County Superior Court Bench Officers

On June 2 current and former Humboldt County Superior Court judges and commissioners, collectively referred to as bench officers, and members of the Bar and local community convened for the enrobing of Judge Gregory Elvine-Kreis. Thanks to court staff, you can view the enrobing ceremony here. Judge Elvine-Kreis was most recently the Supervising Attorney at the Humboldt County Office of Conflict Counsel, one of two County Public Defender offices.

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Jail Custody Death Cases

In May 2012 twenty four year old Nathan Cooper died while in custody in the Cottage Grove (Oregon) Municipal Jail of complications from pneumonia. In April 2015, after almost three years of investigation and litigation, including successfully opposing the City of Cottage Grove's Motion for Summary Judgment, Janssen Malloy LLP partners Michael Crowley and Megan Yarnall obtained $450,000 for the wrongful death of Nathan Cooper on behalf of a surviving family member.
 

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Criminal Restitution and Insurance in Personal Injury Cases

While representing individuals who have been harmed by the intentional, or in some instances, negligent, criminal conduct of others in personal injury cases in civil suits, Janssen Malloy LLP's attorneys work to help crime victims and their families secure a criminal restitution order to offset damages that the civil lawsuit alone may not cover.  Insurance policy limits, medical expense liens, or other factors that apply in the civil case may leave the crime victim with uncompensated economic losses.  In California, all people who suffer losses as a result of criminal activity have a constitut

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Some of CA's New 2017 Laws

Amelia Burroughs recently posted about California's exempt salary increase, which can be read here.
 
Many other new laws went into effect January 1. Here are a few:
  1. Drivers are no longer allowed to use wireless electronic devices including phones unless they are mounted to the dashboard or windshield in a manner that does not obstruct the driver's view.

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The Final Countdown: Planning Department Accepting Applications Until Friday 12/30 at 4 P.M.

Ever since Humboldt County passed its Commercial Medical Marijuana Land Use Ordinance, establishing a framework for cultivators, manufacturers, testers, dispensaries, distributors, and transporters (whew!) to apply for local land use permits, one date in particular has loomed large: December 31, 2016.  Well, New Year’s Eve falls on a Saturday, so make that date December 30, instead.  Two weeks from Friday the Planning Department will accept the last applications for permits under the ordinance. 
 

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Prop 64, the Adult Use of Marijuana Act, and (More) Criminal Justice Reform

In November 2014 California voters enacted a seismic shift in criminal penalties for nonviolent property and drug crimes, Proposition 47.  In a few weeks (or already, if one casts her or his ballot by mail), California voters will again decide whether to change the state’s approach to drug policy in a way that realistically pales in comparison to Prop 47 and 2011’s Criminal Justice Realignment, but is nevertheless on plenty of people’s minds in Humboldt County and across the state.
 

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Avoid the Affordable Care Act’s (Rising) Tax Penalty – Be Insured!

A key – and controversial – provision of the 2010 Affordable Care Act is the “individual mandate,” which requires that unless you qualify within one of a few, limited exemptions, you must obtain qualifying health insurance coverage or face paying a fee.  In 2016, that fee is the higher of either a) 2.5% of household income or the total yearly premium for the national average price of a plan rated “Bronze” through the Marketplace, or b) $695 per adult, $347.50 per child under 18, or a maximum of $2,085.  This fee and th

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Recent California Supreme Court Decision on Insurance Bad Faith a Victory for Insured

Insurance companies are obligated to review and attempt to settle claims in good faith.  Different standards of “good faith” apply depending on whether you paid the premium (such as when you are the defendant in a suit, or when you are making a claim under your automobile policy’s uninsured or underinsured coverage), or another person paid the premium.  When an insurance company breaches that duty, the individual or entity harmed by the bad faith dealing may bring an action for compensatory and often punitive damages against the insurer.
 

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Bureau of Medical Marijuana Regulation Informational Sessions May 11 in Arcata

Wednesday, May 11, the California Bureau of Medical Marijuana Regulation will offer two identical informational sessions at the D Street Neighborhood Center in Arcata, located at 1301 D Street.  Janssen Malloy LLP attorneys will be attending the first session, from 4:30-5:45 pm.  A second session will take place from 6:15-7:30 pm.  These informational sessions are open to the public and should provide the North Coast with its first opportunity to hear directly from state regulators how the Medical Marijuana Regulation and Safety Act (“MMRSA”) will be implemented over the next few years.  Calle

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Advocating for Victims in a Companion Criminal Case

Often in personal injury and wrongful death cases the District Attorney’s ("DA") office will be in a position to consider filing criminal charges.  In such circumstances the attorney you hire to represent you in the civil case should protect your rights and give voice to your concerns in the associated criminal case. 
 

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Anti-SLAPP Alive and Well in Humboldt County Superior and California Supreme Courts

Imagine you’ve been sued for commenting on a proposed piece of legislation, a political candidate’s qualifications, something that was said or occurred in a prior lawsuit, or a matter of public interest, generally.  Each of those topics certainly feels like an area where you should be able to exercise your First Amendment right to speak your mind, but now you have to spend money to defend yourself in court.  Thankfully, California has a law that not only protects your rights by giving you the opportunity at a very early stage in the proceedings to ask the court to dismiss your case, b

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California Court Walks Fine Line Between Speech and Resisting Arrest

Whenever someone gives law enforcement lip, refuses to provide identifying information, or even verbally attempts to interfere with an investigation, our constitutional rights to free speech and to remain silent are in tension with an often-used California law prohibiting resisting, delaying, or obstructing a peace officer, public official, or EMT when that person is engaged in the performance of his or her duties, Penal Code section 148(a)(1).

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David Nims Joins Janssen Malloy LLP

Janssen Malloy LLP is thrilled to announce the arrival of our colleague David Nims.  David joins the firm as an Associate Attorney.  He’ll handle criminal defense for our clients, as well as various civil matters.  David served as an intern at both the San Francisco City Attorney’s Office and the Office of  the San Francisco Public Defender.  In 2011, David passed the California Bar and joined the Humboldt County District Attorney’s Office, where he prosecuted serious and violent felonies.  David has successfully tried multiple jury cases to verdict.  David went on to work for the El Dorado Co

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What to Do if Law Enforcement Has Contacted Your Child

Criminal investigations can be a harrowing and intimidating experience for adults suspected of having committed a crime, so it comes as no surprise that being the focus of a juvenile delinquency investigation can be scary to a minor and overwhelming to parents. Any minor brought before a court on a juvenile delinquency petition is entitled to a court-appointed attorney.

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