The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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State May Not Impose Additional Requirements For Voter Registration.

July 26, 2013 by Leave a Comment

The National Voter Registration Act of 1993 [NVRA; 42 U.S.C. §1973gg-4(a)(1)] requires states to “accept and use” a federal form to register voters. The form requires only that an applicant state under penalty of perjury that he or she is a citizen. Arizona had an additional requirement for registration officials to reject the federal form applications […]

Filed Under: Civil Rights Law News, Constitutional Law News, Legal News, Procedural Law News, U.S. Supreme Court

GPS: What’s A Hardworking Robber To Do In This Electronic Age?

July 24, 2013 by Leave a Comment

GPS cell phone

A victim of a robbery had a smart phone in her stolen handbag. The police located the phone at a particular intersection by “pinging” the phone’s GPS system, which the victim and owner of the cell phone authorized the police to do. Defendant was arrested within 45 minutes of the robbery. He challenged the legality of […]

Filed Under: Appellate Law News, Civil Rights Law News, Criminal Law News, Evidentiary Law News, Fourth Amendment Law News, Legal News

Jurors Watched Movie During Death Penalty Deliberations.

July 16, 2013 by Leave a Comment

death penalty

In a death penalty writ of habeas corpus, the California Supreme Court considered the declaration of a juror which stated: “I told the holdout jurors that if they wanted to understand what it was like in prison, they should watch the movie American Me. That is based on a true story. [¶] Two of the jurors […]

Filed Under: California Supreme Court Law News, Civil Rights Law News, Criminal Law News, Legal News, Trial Law News

Death Penalty By Lethal Injection “Permanently Enjoined.”

July 15, 2013 by Leave a Comment

The Department of Corrections and Rehabilitation promulgated regulations regarding the manner in which the death penalty by lethal injection is carried out. The trial court found the regulations substantially failed to comply with the California Administrative Procedure Act [Government Code section 11340 et seq.] and invalidated the regulations in their entirety. The gist of plaintiff’s challenge […]

Filed Under: Appellate Law News, Civil Rights Law News, Criminal Law News, Government Law News, Legal News

Court Acted Within Its Discretion In Renewing Restraining Order At The End Of Three Years.

May 4, 2013 by Leave a Comment

In 2008, the superior court issued a three-year restraining order against defendant/appellant. At the end of the three years, the plaintiff/respondent requested a renewal of the restraining order, and defendant/appellant opposed the request. In 2011, the court renewed the order, this time until 2016. The appellate court affirmed the order of the trial court, noting that […]

Filed Under: Appellate Law News, Civil Rights Law News, Constitutional Law News, Criminal Law News, Legal News

County Not Responsible On Civil Rights Violations For Fake Letters Written By Its Employee For Personal Reasons.

April 27, 2013 by Leave a Comment

A correctional officer accessed information about various jail inmates and wrote fake letters to those inmates, signing the name of another inmate who had brought a personal injury lawsuit against the correctional officer. The inmate whose name was used in the letters brought a lawsuit against the county for the actions of the correctional officer, a […]

Filed Under: Appellate Law News, Civil Rights Law News, Constitutional Law News, Criminal Law News, Legal News

No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.

April 4, 2013 by Leave a Comment

wrongful death lawyer California

A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed:  “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant man […]

Filed Under: Appellate Law News, Civil Rights Law News, Law Enforcement Law News, Legal News, Probate Law News

Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.

March 5, 2013 by Leave a Comment

chemical test admonition rights - Riverside attorney

A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]

Filed Under: Appellate Law News, Civil Rights Law News, Criminal Law News, Evidentiary Law News, Fifth Amendment, General Legal Information Law News, Law Enforcement Law News, Legal News

Practice What You Preach.

January 4, 2013 by Leave a Comment

Lawyer/employer who said he “handled sexual harassment cases, representing both plaintiffs and defendants, and had taught seminars on sexual harassment” was sued for sexual discrimination by an employee of law firm.  Some evidence related to harassing activity outside the plaintiff’s presence.  The trial court excluded the “ME TOO” evidence.  The jury found for the defense […]

Filed Under: Appellate Law News, Civil Rights Law News, Evidentiary Law News, Legal News

Shooting With Gun Instead Of Taser.

January 1, 2013 by Leave a Comment

Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun.  The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment.  Both weapons were black, of similar size and weight and placed closely on the holster.  Once before the fatal shooting, the officer mistakenly […]

Filed Under: Civil Rights Law News, Government Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News, Personal Injury Law News, Summary Judgment Law News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
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Fax: (951) 222-2122
10.0Mark Albert Mellor

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