DUI & criminal defense blog
Undisclosed evidence leads to reversal of triple murder
The trial court allowed the prosecution to present expert testimony that was never disclosed to the defense. Finding that the court should have granted the motion for a mistrial, the Court of Appeal reversed the Watson murder convictions.
Cal Supreme Court on DA Witness Vouching
The prosecution may not argue evidence not available to the jury to bolster an officer’s credibility.
Drug Recognition Evaluations And Marijuana DUI Cases
Drug Recognition Evaluations have not been demonstrated to reliably indicate whether someone is impaired by marijuana for purposes of driving.
The SCOTUS decision in Kansas v. Glover
Stops based solely on the registered owner’s license status are lawful under the Fourth Amendment.
‘Breath-or-blood tests’ in California in the wake of Birchfield
If a person arrested for DUI chooses a blood test over a breath test, no warrant is required.
DUI blood draws of unconscious persons
A warrantless blood draw of an unconscious driver is generally permissible under the Fourth Amendment.
Search of car based on lawfully possessed marijuana illegal
Marijuana in closed container with no indication of recent use or other crime does not allow police to search a car.
Court of Appeal Finds Fault with GBI instruction
GBI requires more than moderate harm, not more than minor harm.
Appealing a Suppression Motion Ruling
A ruling that the Fourth Amendment was not violated may be appealed even if the defendant pleads guilty.
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