If Jurors hang on a lesser included offense, must the Court require a verdict of acquittal on the greater charged crime(s)? The quick answer from this California Supreme Court People v. Aranda (filed April 4, 2019) decision is the Court must take the acquittal on the greater crime and then the Court may declare a mistrial to the lesser offenses. There’s a few rules and understandings that come out of Aranda. First, the Court confirms Stone v....

[An update on this case: on 3/29/19 the Courts ordered it depublished, see 2019 Cal App Unpub LEXIS 2252. But it’s still an interesting read with some history of this case law] Does Defendant need to sign anything to formally (and legally) waive Miranda? Must an officer take separate Miranda waivers after each advisal within Miranda? What if Defendant is a minor…how does that affect things? In re L.R. from 2/20/19 (Court of Appeals of...

In this 3/29/19 decision Wade v. Superior Court , Defendant was active duty military and was charged for DUI with the enhanced allegation of driving with a BAC at or above a 0.15. Defendant held no criminal record otherwise, and there was issues here also about the People claiming there was an accident with a hit and run when the record stated the opposite. Here, the People opposed Defendant being accepted into diversion, and the Trial Court...

What is the line between a Criminal Defense Counsel’s duty to disclose evidence to Prosecution and the same duty to represent the Client? In People v. Adrian Landers decided 1/16/19, the Trial Court hit a Public Defender with a sanction “for violating a reciprocal discovery order.” It was a two-defendant joint criminal trial and the Court found the PD failed to disclose to the People the name and statements taken from a witness called by the...

In this January 10, 2019 decision People v. Pride*,  an undercover officer posed as someone, sent Defendant a friend request…and then after a crime, Defendant posted something incriminating on his social media. The officer saw that post without using a warrant, as he was a “friend.” His account was private–open to only the people whose friend request Defendant accepted. And the posts disappeared after a period of time....