Vol. 32 No. 10 COURT OF APPEAL FINDS THAT DISMISSAL UNDER PENAL CODE SECTION 1203.4 DOES NOT INVALIDATE CONVICTION FOR PURPOSES OF REMOVING THE HECK v. HUMPHREY BAR
On April 19, 2017, the Second District Court of Appeal, in Baranchik v. Fizulich, 2017 Cal. App. LEXIS 356 (Cal. App. 2d. Dist. Apr. 19, 2017), held that the plaintiff’s civil claim for excessive force was barred under Heck v. Humphrey, 512 U.S. 477 (1994), because the criminal jury necessarily found the officer’s conduct to […]