DUI & criminal defense blog
Don Bartell: My Friend, My Law Partner – A True Legend
“What do we get to do today? We get to practice law!” These were the words I often heard. Don would walk down the hall of our Canyon Crest office, stop at my open door, and remind me how lucky we were to be lawyers. I was lucky to work with Don Bartell. When I […]
The Job of the Prosecutor: Justice
A prosecutor must see that justice is done. In Berger v. United States (1935) 295 U.S. 78, the United States Supreme Court held that the prosecutor “is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at […]
Recent case results involving DUIs dismissed following suppression motions, felony DUIs with no jail time, etc.
Federal Habeas Relief – The final battle for freedom
Why does justice seem to be so elusive for the innocent convicted?
Are Miranda warnings required in DUI investigations?
Miranda warnings are required before custodial interrogation.
Is Watson Murder really Murder?
The prosecution must show that the natural and probable consequences of DUI are dangerous to human life.
Lara Gressley Quoted In Oc Register Regarding Court Of Appeal Decision Grassi V Superior Court
Court of Appeal opinion that DUIs are not eligible for diversion is on shaky legal ground.
Bad Faith Failure of Police to Collect Evidence May Violate Due Process
By Al Menaster (my dear and brilliant friend and colleague) We’ve rarely had much success making Trombetta and Youngblood motions for police destruction of evidence. The rules are just too tough: Thus, there is a distinction between Trombetta’s [467 U.S. 479] “exculpatory value that was apparent” criteria and the standard set forth in Youngblood […]
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