Law Office of Jake Stebner

"We're not talking about all police officers or most police officers. What's disturbing is it happens at all and it happens with some regularity." Researchers found that misconduct by police and prosecutors is among the leading causes of disproportionate false conviction of Black defendants....87% of Black defendants later found innocent who were sentenced to death were victims of official misconduct vs. 68% for white defendants.

"...We should try not to load people up with everything we can charge and negotiate it down. It should be about what should we charge, not what can we charge.

"While health officials recommend masks to prevent the spread of the coronavirus, testifying while wearing one may violate the Sixth Amendment, which allows a defendant to literally face their accuser...U.S. Supreme Court determined in Coy v. Iowa in 1988 that witnesses can’t testify behind curtains or other visual obstructions....Bobrow worries that fear of infection will result in juries with fewer African Americans and Hispanics, two groups that have suffered the brunt of the pandemic. People over 60 might also be reluctant to appear; some counties would exclude them from jury service, according to guidelines posted on various websites."

"The fact that the evidence against a particular defendant might beor at least seem to bedamning or overwhelming does not dilute the obligation cast upon the criminal defense bar. The fact that there are many who are either ignorant of or unsympathetic to this constitutional right does not alter the fact that lawyers have a special obligation to give vitality to the right."

The Law Office of Jake Stebner is celebrating an appellate victory ! After the Supreme Court of California granted review of our client’s case, it ultimately transferred it back to the Court of Appeal with directions to vacate its prior decision and to reconsider the matter in light of a recently decided Supreme Court decision concerning the retroactivity of Proposition 47 relief. The Court of Appeal issued its new decision today, striking three years’ worth of sentencing enhancements.

"It’s no surprise that Sotomayor and Gorsuch are emerging as the court’s staunchest defenders of the Sixth Amendment. Sotomayor is a crusader for the rights of the accused and views government overreach through the lens of social justice. Gorsuch is a libertarian skeptic of state power who sees juries as a bulwark against tyranny. (For what it’s worth, so did John Adams, who called representative government and trial by jury the heart and lungs of liberty.)"

Not your average day of jury selection: "A Bay Area obstetrician-gynecologist and former member of a legendary punk band proved he retains his DIY sensibility at a recent medical malpractice trial, where he saved a prospective juror's life. The judge declared a mistrial, fearing the doc's heroics would sway the jury. "No good deed goes unpunished," Dr. James Lilja, a San Jose and Fremont-based physician and founding drummer of The Offspring . . ."

The Law Office of Jake Stebner is celebrating another outstanding appellate victory! The appellate court agreed with our contention that, even when all proceedings in the criminal prosecution remained suspended, the defendant's federal constitutional right to counsel required the trial court to hear his motion to be appointed a different trial attorney. Because the defendant was improperly denied that opportunity, the appellate court reversed the judgment and remanded the case back to the trial court.

BREAKING: Kirstin Lobato is finally free from prison after her 16-year fight for justice in murder wrongful conviction. http://owl.li/95mv30hzhg8

Celebrating another appellate victory today! We argued the trial court erred by imposing two protective orders against our client without the lawful authority to do so. The Third District Court of Appeal agreed, holding that the orders were invalid and must be vacated.

The Law Office of Jake Stebner is celebrating a second appellate victory this week! The Fifth District Court of Appeal agreed with our argument that the trial court violated Penal Code section 654's proscription against multiple punishment when sentencing our client.