Jurors deliberating on Defendant not testifying, and Courts weighing evidence against Defendant with this misconduct…is that proper?
Searching behind the car dash…unreasonable? From People v. Zabala, Court of Appeals of California, Sixth District, filed November 13, 2017, 17 Cal App 5th 22: Is a search behind the car dash unreasonable? Yes, it can be. But here, was it supported by probable cause here? Also yes. Here, Arresting Officer see white powder under Defendant’s driver seat and baggies, both consistent with illegal narcotics. Arresting Officer “trained in recognizing...Read More
The Sanchez hearsay rule, and the “compilation” exception. People v. Mooring, 9/27/17 This rule of hearsay in California continues to exercise its legs from our California Supreme Court decision People v. Sanchez. The final sha-bang with Sanchez is whether an expect can opine on a single, fact-specific hearsay (out of court statement) when testifying. And their holding was that single, fact-specific opinions like this are hearsay...Read More