Latest Case: California v. Hubbard (Constitutional Law)

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

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California v. Hubbard

Docket: C088149(Third Appellate District)

Opinion Date: July 22, 2020

Judge: Elena J. Duarte

Areas of Law: Constitutional Law, Criminal Law

Defendant Dwayne Hubbard was convicted by jury for felony indecent exposure for exposing himself in front of a student leaving class at Cosumnes River College. On appeal, he argued, amongst other things, that the prosecutor committed misconduct by improperly referring to his decision to not testify, in violation of Griffin v. California, 380 U.S. 609 (1965), and that the trial court erred by failing to instruct the jury sua sponte on attempted indecent exposure as a lesser included offense. In the published portion of its opinion, the Court of Appeal disagreed with these claims. In the unpublished portion of its opinion, the Court disagreed with an additional claim of prosecutorial misconduct and agreed with defendant’s claim that the trial court erred by admitting certain photographs into evidence. That error was harmless, however, so the Court affirmed the judgment.