You want blood? Get a warrant. Birchfield v. South Dakota

You want blood? Get a warrant. Birchfield v. South Dakota

Breath, blood, and warrants…oh my! The US Supremes drop another big decision related to DUIs: Birchfield v. South Dakota, 2016 WL 3434398.  The main question is whether DUI breath and blood testing violate the 4th Amendment against unlawful search and seizure when an officer does not obtain a warrant.  The quick answer is a warrant is not required for breath testing, but IS required for blood testing.  Even with implied consent laws*....

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Can the People refile felony DUI charges after dismissal?

Can the People refile felony DUI charges after dismissal?

Does Penal Code 1387 allow for the People to refile a dismissed charge as a lesser included felony after two dismissals? If your San Diego felony DUI case is dismissed…then that means it’s dismissed, never to return right?  Game over, you can relax?  Or will the criminal charges rise from their grave against you again*. The lawyer answer you’ll usually get is “well, it depends.”  It’s the same answer here,...

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Yes, Brady includes witness credibility claims.

Yes, Brady includes witness credibility claims.

Yes, Brady includes witness credibility claims: Real quick: what is Brady material?  It’s basically evidence that could have helped Defendant, but the People failed to disclose.  Nooooooooooo, that doesn’t happen, right?  Our Justice System would NEVER allow for that to happen, right?  Well, here come’da Judges. This March 7, 2016 US Supreme Court case Wearry v. Cain, 136 S.Ct. 1002, shows Brady is alive and well.  Defendant...

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TJSL awards Eric “Adjunct Professor of the Year”

TJSL awards Eric “Adjunct Professor of the Year”

TJSL awards Eric “Adjunct Professor of the Year” I’ve been fortunate to win a handful of awards for wearing the ‘ol suit and tie.  But this one means so much more. This was for the Trial Practice team at Thomas Jefferson that Renee Galente and I co-taught last semester. It’s a solid program, well-led, and surrounded by other talented coaches (we were all awarded this for last semester). Our trial team was amazing,...

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Can you be convicted of a Drug DUI from withdrawal symptoms?

Can you be convicted of a Drug DUI from withdrawal symptoms?

Can you be convicted of a Drug DUI from withdrawal symptoms? We just got this semi-recent case* handed down**, and the answer is yes.  If you do whatever drug(s), and then are feeling withdrawals, or impairment (to a certain legal level that can be proved beyond all reasonable doubt), then you may have just won yourself a Drug DUI conviction. Ok, let me give some background and then I’ll explain the issue and answer. What is a drug DUI?...

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Must a Court dismiss after 3 mistrials?

Must a Court dismiss after 3 mistrials?

Must a Court dismiss after 3 mistrials? One, two, THREE wonderful mistrials!  This question from the January 11 Court of Appeal decision People v. Verducci (243 Cal.App.4th 952) is fitting since we just passed Groundhog’s Day (“Ned… Ryerson. ‘Needlenose Ned?’ ‘Ned the Head?’ C’mon, buddy.”). Defendant was convicted of murder after juries deadlocked after the first 3 trials.  Let’s take a look at the scoreboards.  Trial One, 8 for...

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