In late February 2020 the California Supreme Court handed us some important decisions about Sanchez hearsay issues and it can be very, very important to understand how this works at trial. To start, per People v. Sanchez ((2016) 63 Cal.4th 665), an expert can “relate to the jury background information that is technically hearsay, including general knowledge and ‘premises generally accepted in his field[,]’” but “cannot ‘relate as true...

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In trial on a criminal cases, the burden of proof on the People is obviously proof beyond a reasonable doubt. In trials, sometimes the People can slip into arguing not to buy the defense because it’s not reasonable…and that the only reasonable conclusion is a guilty verdict. Well, this December 17, 2019 decision People v. Ramirez* discusses how to argue and walk this line. Because sometimes making that argument is Prosecutor...

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Can you lose your 6th Amendment Right to Confrontation? Usually a criminal Defendant “has a Sixth Amendment right ‘to be confronted with the witnesses against him.’” Meaning “[a] court may not admit a witness’s testimonial hearsay statements against a defendant unless the witness is unavailable and the defendant had a prior opportunity for cross-examination.” However, if Defendant is the reason the person...

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But I was carrying a legal amount of marijuana! That starts the facts of this case People v. Lee, decided 10/3/19*. Here, Police pull Lee over for driving with out a front license plate and tinted windows. Lee tells Police his license is suspended and doesn’t have a license. Police get Lee out of the car, search him, and find a legal amount of marijuana on Lee. Legal, per the passage of California Proposition 64 in 2016 means a person 21...

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Is running from police enough for them to detain you? The only real legal answer is “it depends.” Well, what if you’re running away from police and you’re running into a known high crime area…is that enough for the police to detain you? Again, it depends. And our 8/12/19 California Court of Appeals Decision* People v. Flores gives some guidance. These cases often turn on very particular facts, so it’s...

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This 8/29/19 decision People v. Force* is another reminder of how important the Prosecutor’s job is to put on a fair trial. In fact, before getting to any of the facts and legal analysis, the authoring Judge (who is also presiding) opens with the “one absolute requirement” in a criminal trial: “the accused must receive a fair trial.” “It’s not about convictions, it’s not about courtroom mastery,...

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