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    Can you lose your 6th Amendment right to Confrontation? People v. Merchant, 10/9/19

    Posted by on October 15, 2019 in #DUIdata, Blog | 0 comments

    Can you lose your 6th Amendment right to Confrontation? People v. Merchant, 10/9/19

    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 doesn’t testify, then Defendant loses that Sixty Amendment right. “[W]hen defendants seek to undermine...

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    Can Police search your car if you’re carrying a legal amount of weed? People v. Lee, 10/3/19

    Posted by on October 8, 2019 in #DUIdata, Blog | 0 comments

    Can Police search your car if you’re carrying a legal amount of weed? People v. Lee, 10/3/19

    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 years and older can legally possess up to 28.5 grams (1 ounce) of marijuana legally. Police did not...

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    Is running from police enough for them to detain you? People v. Flores

    Posted by on September 17, 2019 in #DUIdata, Blog | 0 comments

    Is running from police enough for them to detain you? People v. Flores

    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 important to know exactly what happened here. The facts in Flores: Police enter the scene and Defendant...

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    Prosecutor threatening Defendant with perjury for testifying…is that improper?

    Posted by on September 11, 2019 in #DUIdata, Blog | 0 comments

    Prosecutor threatening Defendant with perjury for testifying…is that improper?

    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, it’s not about prison sentences. And it’s certainly not about won/lost records....

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    More case law whether Mental Health Diversion is retroactive: People v. Burns

    Posted by on August 26, 2019 in #DUIdata, Blog | 0 comments

    More case law whether Mental Health Diversion is retroactive: People v. Burns

    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 3811976). Although California Courts remain divided on this issue. So far, the score cards are: In favor...

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    Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? Mitchell v. Wisconsin

    Posted by on August 21, 2019 in #DUIdata, Blog | 0 comments

    Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? Mitchell v. Wisconsin

    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 protection against unreasonable searches and seizures. In Mitchell, Defendant did a preliminary...

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    I blindly initialed and signed my change of plea form…can I withdraw my guilty plea? People v. Novoa

    Posted by on June 25, 2019 in #DUIdata, Blog | 0 comments

    I blindly initialed and signed my change of plea form…can I withdraw my guilty plea? People v. Novoa

    How must an attorney advise a criminal Defendant about immigration? Or specifically in this case People v. Novoa* from 4/22/19, if a Defense Attorney just crossed out certain parts of a change of plea form and has no records of actually advising a Defendant about immigration consequences of the plea, is that ineffective assistance of counsel? Such that would allow the Defendant to withdraw his guilty plea? The facts in Novoa: Defendant pled guilty to possession of meth for sale in 2003 and the Court sentenced him to 180 days jail. In 2012,...

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    Are the Prosecutor’s jury selection notes discoverable? People v. Superior Court (Jones)

    Posted by on June 19, 2019 in #DUIdata, Blog | 0 comments

    Are the Prosecutor’s jury selection notes discoverable? People v. Superior Court (Jones)

    The facts of Jones: During jury selection, the People used peremptory challenges to excuse 3 jurors who are African American. Defense made a Batson/Wheeler challenge that the Prosecutor was improperly striking jurors based on race. When a party makes a Batson/Wheeler challenge, the Court must step through this framework: Did the defendant must make out a prima facie case that there is an inference of a discriminatory purpose from the prosecutor’s use of peremptory strikes. If yes, then the burden then shifts to the Prosecution to offer...

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    Is a police officer approaching a car parked lawfully a detention? People v. Kidd

    Posted by on June 18, 2019 in #DUIdata, Blog | 0 comments

    Is a police officer approaching a car parked lawfully a detention? People v. Kidd

    Well, it depends on the facts…but People v. Kidd gives more guidance (from the Court of Appeals of California, Fourth District, Division Two, certified for publication on June 12, 2019, 2019 Cal. App. LEXIS 527). Let’s start with the law about whether police coming up to you is a detention: “As long as a reasonable person would feel free to disregard the police and go about his or her business, the encounter is consensual and no reasonable suspicion is required on the part of the officer. In determining whether a reasonable person would have...

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    Must a Court take an acquittal if Jurors decide against a greater included crime but are hung on a lesser?

    Posted by on June 17, 2019 in #DUIdata, Blog | 0 comments

    Must a Court take an acquittal if Jurors decide against a greater included crime but are hung on a lesser?

    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. Superior Court (1982) 31 Cal.3d 503, which “concluded that a court must accept a partial verdict of...

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