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Joseph H. Low - In The News

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• Joseph H. Low IV Interviewed On Mason Vera Paine Show: Can China Be Sued For The Coronavirus Pandemic?

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Articles

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Low is featured on the cover of The Warrior - Spring 2009

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Low Lives to Fight for Underdog in Courtroom

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Denied Phone Call Ruled Illegal

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Corpsman to testify in plea deal

On a day when the Marine Corps announced its first trial dates against troops accused of murdering a man in Hamdaniya, Iraq, a Navy corpsman's attorney said the sailor will testify about the roles of seven Marines accused in the slaying.

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Marine Won't Get Death Penalty

The government will not seek the death penalty for a Marine Corps corporal who is among eight troops charged with murder and other crimes in the shooting of a civilian Iraqi man, a military prosecutor told a hearing officer Tuesday.

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Two Marines Admit Killing Iraqi Man

Two Marines have confessed to kidnapping and killing a 52-year-old Iraqi man in Hamandiya, west of Baghdad, a military prosecutor said Wednesday at a preliminary hearing.

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Military Won't Seek Death for Marine

Camp Pendleton-A military prosecutor told a hearing Wednesday that the government would not seek the death penalty against a Marine Corps private who is among eight troops charged with the murder and other crimes in the shooting of civilian Iraqi man.

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Few New Details Aired in Hearings

Three of the U.S. Marines accused of kidnapping and killing an Iraqi man in April made statements to investigators that were tantamount to confessions, a military prosecutor said in court Wednesday.

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Orange County Murder Case Dismissed

"As TLC's instruction in 'Discovering the Story' teaches us, good trial work beings long before the actual commencement of trial. In fact, good trial work is extraordinarily difficult without a thorough, thoughtful and connective workup of your case. There are times, however, when the thorough, thoughtful and connective workup of your case renders good trial work completely unnecessary."

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Let All Criminal Defendants Pick Their Lawyers

Daily Journal - Aug 21, 2006
Forum Column
By Erwin Chemerinsky

The Sixth Amendment right to counsel means that a criminal defendant who can afford to pay for an attorney generally has the right to the lawyer of his or her choice. That is the holding of a Supreme Court decision from the end of June that has important practical implications for criminal cases across the country. In U.S. v. Gonzales-Lopez, 2006 DJDAR 8085 (June 26), the court held, 5-4, that wrongly denying a person the attorney of his or her choice is an automatically reversible error without any need for the criminal defendant to show that he or she was prejudiced by the court's mistake.

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Scalia Joins Liberal Wing, Backs Right to Have Lawyer of Choice

By Brent Kendall, Daily Journal Staff Writer
Daily Journal - Jun 27, 2006

WASHINGTON - Endorsing the notion that no two lawyers are alike, a deeply divided U.S. Supreme Court ruled Monday that a paying defendant in Missouri should get a new trial because he was wrongly denied the lawyer of his choice, a Southern California criminal defense attorney.

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Court upholds defendant right to choose lawyer

By James Vicini
Reuters
Monday, June 26, 2006

WASHINGTON (Reuters) - A closely divided U.S. Supreme Court ruled on Monday that a criminal conviction must be overturned when a trial judge wrongly denies the defendant his right to be represented by the lawyer of his choice.

The high court's 5-4 ruling was a defeat for the U.S. Justice Department, which argued that a defendant who had been denied his counsel of choice must also prove that denial adversely impacted his right to a fair trial.

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Justices say defendants can hire lawyers they want

TONI LOCY
Associated Press
June 26, 2006

WASHINGTON - Defendants are automatically entitled to new trials if their choices of attorneys are wrongly blocked by judges, the Supreme Court ruled Monday.

By a 5-4 vote, justices said Cuauhtemoc Gonzalez-Lopez has a constitutional right to the attorney of his choice under the Sixth Amendment's guarantee of assistance of counsel.

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Manslaughter charge dismissed against Westminster woman

May 29, 2006
By John McDonald - The Orange County Register

Judith Lopez spent most of her adult life as a devoted wife and dedicated government worker. That changed on Oct. 18, 2002, when she was booked by Westminster police on suspicion of murder.

Police said she assisted in the suicide of her long-suffering husband.

Law enforcement officials at the time said it was the first case in memory of an assisted suicide case in Orange County. ...

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Judge Boils Over; Defendant's Legal Souffle Collapses

April 25, 2006
By Garry Abrams - The Daily Journal

…Low has developed a reputation as an aggressive criminal defense attorney and has received several awards for his work, including Trial Advocate of the Year from the American Board of Trial Advocates. He also markets himself extensively over the Internet as a lawyer dedicated to battling "oppression by federal and state government." Moreover, Low had recently tried a case in the Missouri district where Gonzalez-Lopez had been busted by federal drug agents…Suffice it to say that Gonzalez-Lopez decided he must have Low to represent him…

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Appeal from the United States v. District Court for the Eastern District of Missouri.

…On March 4, 2003, Low traveled to Missouri to attend an evidentiary hearing in the case conducted by the magistrate judge. Fahle also attended the evidentiary hearing on behalf of Gonzalez-Lopez. As of March 4, 2003, Low had not entered his appearance in the case. The magistrate judge initially accepted Low's provisional entry and permitted Low to participate in the hearing based on Low's assurance he would file a motion for admission pro hac vice. However, during the hearing the magistrate judge rescinded the provisional approval after Low violated the court's rule restricting the cross-examination of a witness to one lawyer by passing notes to Fahle…

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Supreme Court to Consider the Fungibility of Lawyers

April 17, 2006
Tony Mauro - Legal Times

…Following up on a recommendation from a fellow inmate, Gonzalez-Lopez decided to hire Joseph H. Low IV, a Long Beach, Calif., attorney and former Marine who specializes in aggressive defense against drug conspiracy charges and against "oppression by federal and state government." On his Web site, Low offers, "If you are unhappy with your current attorney because they will not return your phone calls…call Mr. Low and receive some free advice…"

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U.S. v. Gonzalez-Lopez, Cuauhtemoc

January 6, 2006
From Medill Law School summary - www.civilrights.org

…Gonzalez-Lopez wanted to hire Joseph H. Low, a defense attorney from California, who had a good reputation for winning similar cases. But when Low came to the district court to represent the defendant, he was not admitted…

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Accused: 'I didn't pull trigger'

A 23-year-old Moore man accused of shooting another man at a Halloween party in 1999 told a Cleveland County jury Friday that he was in a tussle for possession of his 9 mm gun when the gun went off.

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