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 how illegal drugs were packaged and transported” and “[b]ased on his training and experience, he...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 and not admissible. Well, what if the expert is making this pin-point hearsay statement…but that...read more
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 issues: 1) It was error “for the prosecutor to suggest that a reasonable account of the evidence...read more
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. Smith (cited as 2017 WL 1174411) addresses this issue…although there’s a little more to...read more