Forced blood draw of probationer suspected of DUI does not violate the Fourth Amendment The People, v. Manuel Miramontes Cruz, Jr. F074667, Filed 4/25/2019; 2019 WL 1856600 Probationer with a prior DUI conviction refuses to consent to chemical DUI test Defendant Manuel Miramontes Cruz, Jr., was charged with driving under…
Anthony Taylor filed a habeas petition claiming that his special circumstance finding in a felony murder conviction should be vacated due to insufficient evidence based on recent caselaw. His petition, filed 20 years after finality of direct review, was considered timely because it was brought within a year of that…
Defendants who plead or are found guilty of traffic violations and other misdemeanors are typically assessed court fees and fines under Gov. Code, § 70373, Pen. Code, § 1465.8, and Pen. Code, § 1202.4, Unpaid fines usually go to collections without further order of the court. Courts must determine a…
There are many different bases upon which the DMV may decide that it is proper to suspend your driving privileges. Obviously, one way to maintain your driver’s license is to avoid things that can lead to suspension. Other times, though, when you’re on the wrong end of an improper suspension…
Lawyer cannot override client’s decision to maintain innocence Roberto Ignacio Flores was charged with attempted murder of a police officer and insisted he was not the driver of the car that injured the officer. His lawyer wanted to admit that Flores was driving the car but that he never formed…
San Francisco’s Red Light Ticket Cameras, designed to take photos of cars that run a red light have not been operating since January, 2019 as they are undergoing replacement by the SFMTA. The SFMTA’s Automated Enforcement Program uses a network of automated cameras to enforce illegal red-light running and illegal…
People v. Aranda; S214116 The California Supreme Court reaffirmed its past holding that a court must accept a partial verdict of acquittal as to a charged greater offense when a jury has expressly indicated it has acquitted on that offense but has deadlocked on uncharged lesser included offenses. [Stone v.…
Lawyer cannot concede client is guilty when client insists on a defense of factual innocence Defendant was found guilty of first degree murder and using a knife in the commission of the crime after his lawyer conceded his guilt of voluntary manslaughter during closing argument. Defendant’s request to replace counsel…
The California Department of Motor Vehicles has very wide-ranging powers in that it can suspend or revoke a driver’s driving privileges for a lot of different reasons. One of the more common reasons is alleged concern about your health and whether you’re medically able to drive safely. If that issue…
The State of Alabama set an execution date for prisoner who then asserted an Eight Amendment Claim because his mental condition, relating to a series of strokes, rendered him incapable of recollecting committing the crime for which he had been sentenced to die. The Alabama Circuit Court found that the…
