More prosecutor misconduct in closing arguments: People v. Cowan

More prosecutor misconduct in closing arguments: People v. Cowan

Ah, Prosecutor misconduct: This February 23, 2017 decision People v. Cowan (8 Cal. App. 5th 1152; Court of Appeals of California, Second District, Division Six) deals with what Prosecutors can and cannot say in closing arguments.  It’s also a furtherance of the Cal Supreme decision People v. Centeno (2014) 60 Cal.4th 659 (Cowan was sent back to this Court to make its decision in accordance with Centeno). So first, in Centeno there were two main...

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Again: implied consent is NOT actual consent. People v. Mason

Again: implied consent is NOT actual consent. People v. Mason

Over the past years, we’ve seen drastic changes on whether a warrantless blood draw on a DUI arrest is lawful.  This issue has swept through both the US Supreme Courts (with McNeely (2013) 133 S.Ct. 1552 and Birchfield (2016) 136 S.Ct. 2160), as well as the California Courts. The most recent California case is People v. Arredondo (2016) 245 Cal.App.4th 186, which the Cal Supremes took up in June 2016.  We’re still waiting on their...

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DUI, and someone else was driving? Can an investigator testify to the real driver’s statements?

DUI, and someone else was driving? Can an investigator testify to the real driver’s statements?

What happens when you’re arrested for DUI, and someone else was driving?  Or…let me take it a level deeper: what happens when you’re arrested for DUI, and the Police say you admitted to driving, that others said you were driving, but then later recanted and are trying to say you did NOT drive–that someone else drove?  When and how can that come into play? This March 30, 2017 California Court of Appeals decision People v....

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Can Prosecutors Judge/Forum-Shop after losing a Motion to Suppress?

Can Prosecutors Judge/Forum-Shop after losing a Motion to Suppress?

Can Prosecutors Judge/Forum-Shop after losing a Motion to Suppress? So, in the criminal law arena (which San Diego DUI arrests fall into obviously), you have the ability to run a motion to try and suppress evidence.  If you win that motion, then the Prosecution may not be able to move forward with their case…since they may no longer have the evidence to try and prove what they’re trying to prove. With this, the Prosecution can...

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Can a Judge interact with jury deliberations?

Can a Judge interact with jury deliberations?

How much can a Judge interact with Jurors while they deliberate?  If the Jurors have questions or cannot reach a verdict, can the Judge answer questions?  If so, to what extent?  This August 15, 2016 Cal Supreme Court decision People v. Nelson gives some guidance (and why I used the picture of Conte intercepting a pass). The facts of Nelson: While this can happen in any San Diego DUI or criminal trial, Nelson  is a murder case where the Jurors...

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Does the military diversion program apply to DUIs?

Does the military diversion program apply to DUIs?

A law from 2014, California Penal Code 1001.80, provides that certain military personal may qualify for a diversion program.  So instead of taking a criminal conviction, the qualifying military person can complete a diversion program, and then have his/her criminal Court case completely dismissed without a conviction. As it relates to DUIs, in general to qualify, the Defendant must show: He/she is a current or former member of the US Military;...

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