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San Francisco Criminal Lawyer Blog

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Supreme Court reverses conviction: DA impermissibly vouched for officer’s veracity

People v. Rodriguez, 2020 WL 2563833 (Cal.) (Cal., 2020) Supreme Court of California; S251706; May 21,2020 Summary: The California Supreme Court held that a prosecutor impermissibly vouched for witness credibility by telling the jury in closing argument that two testifying officers would not lie because each would not put his…

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San Francisco conviction overturned: Warrantless detention is not supported by collective knowledge of police.

Summary: Defendant was convicted in the Superior Court, San Francisco County, of domestic battery, and he appealed from denial of his motion to suppress evidence. The Superior Court, Appellate Division, held the State could not rely on “collective knowledge” doctrine to justify the defendant’s warrantless detention. The trial court failure…

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Tickets for speeding over 100 mph up 87% during COVID-19 Quarantine; DMV expands online services

The decrease in traffic during the COVID-19 shelter in place, has seen an increase in speeding tickets for driving over 100 mph. ‘From March 19, when the state’s stay-at-home order began, to April 19, the CHP issued 2,493 citations for speeding more than 100 mph, as compared with 1,335 during…

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Officer’s failure to give implied consent admonition for a DUI blood test does not make a driver’s voluntary consent invalid

People v. Lopez, 2020 WL 1163518; C080065 (Cal.App. 3 Dist., 2020) Summary: Sharon Darlene Lopez appealed the trial court’s denial of her motion to suppress evidence obtained from a warrantless blood draw after her arrest for driving under the influence of a controlled substance. The officer instructed Lopez that she…

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A small amount of marijuana in a sealed container in a car is legal and does not justify a search

People v. Shumake (Cal. App. Dep’t Super. Ct., Dec. 16, 2019, No. 6093) 2019 WL 8128736 Stop by Specialized Dui Patrol Officer: Admission that driver had marijuana in the car While on specialized DUI patrol Berkeley Police Officer Megan Jones stopped a Hyundai with no front license plate, a violation…

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Murder conviction must be reversed where jury relied on impermissible theory to convict

People v. Wear (Cal. Ct. App., Feb. 4, 2020, No. A152732) 2020 WL 549310 FACTS: Defendant James Wear and his friend, Brandon Lowell, arranged to meet an acquaintance, Ryan Rossknecht. Wear intended to buy or steal a gun from Rossknecht and possibly to supply him with heroin. During the meeting,…

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Driving carefully while being observed by the police is not grounds for a traffic stop

People v. Mendoza, 2020 WL 562981 (Cal.App. 4 Dist., 2020) Conviction for transporting cocaine reversed because of no reasonable suspicion to detain Facts:  Blanca Luna Mendoza was convicted of transporting for sale more than four kilograms of cocaine based on evidence a U.S. Customs and Border Protection agent acquired after…

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SB 1437 hearings in SF Superior Court Dept 25

Thomas Keel will have his 1987 conviction for Second Degree Murder vacated after San Francisco Assistant Deputy District Attorney Allison Macbeth stipulated that Mr. Keel was eligible for re-sentencing under SB 1437, at a hearing in San Francisco Superior Court held on February 7, 2009.   Superior Court Judge Brendan Conroy…

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Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter

The People, Plaintiff and Respondent, v. Daniel Cervantes, Defendant and Appellant.(Court of Appeal, Second District, Division 6); No. B298077; Filed 1/30/2020; 2020 WL 486867 Re-sentencing under Penal Code section 1170.95 Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder  under…

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