What can a Prosecutor argue with the word “reasonable”: People v. Ramirez

What can a Prosecutor argue with the word “reasonable”: People v. Ramirez

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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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? 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...

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Must Miranda consent be written?

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...

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Are there blanket preclusions for DUIs in military diversion?

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...

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

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...

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