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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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    Must Miranda consent be written?

    Posted by on April 1, 2019 in #DUIdata | 0 comments

    Must Miranda consent be written?

    [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 California, First District, Division Five) discusses this. First, the law at large: “The...

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    Are there blanket preclusions for DUIs in military diversion?

    Posted by on April 1, 2019 in #DUIdata | 0 comments

    Are there blanket preclusions for DUIs in military diversion?

    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 rejected Defendant from the diversion because of the case facts. Boiled down, the main issue is...

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    Revisiting Defense’s duty of disclosure: People v. Adrian Landers

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

    Revisiting Defense’s duty of disclosure: People v. Adrian Landers

    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 co-defendant. The PD didn’t put on any witnesses or evidence and instead just argued the People didn’t...

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    Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

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

    Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

    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. Well, here comes trial and the People used that post to convict Defendant. Defendant claims this...

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    Is Counsel’s concession of guilty during Opening a guilty plea?

    Posted by on February 6, 2019 in #DUIdata | 0 comments

    Is Counsel’s concession of guilty during Opening a guilty plea?

    The People charged Defendant with DUI Murder, Hit and Run, among other allegations. In Defense Counsel’s Opening, he stated Defendant caused the accident, and hit and ran. Specifically Counsel said Defendant “’caused the accident. No dispute. And then he drove away.’ A few moments later, he conceded, ‘As to the hit and run, he’s guilty of it; I’ll say that again at the end. There are no games being played here…. But he’s not guilty of murder.’” Hm, so is this the same as a guilty plea to that crime? To start,...

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