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

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...

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

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,...

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

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...

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