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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I’ve been tracking our new Mental Health Diversion law, per California Penal Code 1001.36…and whether this new law applies retroactively or not. Well, we have another case in favor of the law applying retroactively: People v. Burns, filed August 14, 2019 (as of August 26, 2019, it’s cited as 2019 WL 3811976). We have another case in favor of the law applying retroactively: People v. Burns, filed August 14, 2019 (2019 WL...

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Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? We’ve been waiting on the answer to this question since 2016 with People v. Arredondo, which the Cal Supremes have been holding onto. Well, the US Supremes made the decision on their June 27, 2019 decision Mitchell v. Wisconsin (139 S. Ct 2525). And the answer is no, most likely drawing blood from an unconscious DUI suspect does not violate the 4th Amendment...

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