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No exigent circumstances for warrantless blood draw from …

WEBSummary: In Mitchell v. Wisconsin (2019) 588 U.S. –––– [139 S.Ct. 2525] (Mitchell), the United States Supreme Court held when a “driver is unconscious and …

Actived: 6 days ago

URL: https://www.sanfranciscocriminallawyerblog.com/no-exigent-circumstances-for-warrantless-blood-draw-from-unconscious-driver-suspected-of-dui-90-minutes-after-accident/

AB 3234: New Law Allows Diversion for Most Misdemeanors; …

WEBAB 3234, taking effect on January 1, 2021, allows for diversion in almost all misdemeanor cases, including DUI, vehicular manslaughter, elder abuse, child abuse, …

Category:  Health Go Health

Court abused its discretion in denying mental health diversion

WEBGross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder April 21, 2024; Discretion To Dismiss An Enhancement Does Not …

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Burden on defendant to show he qualifies for mental health …

WEBPeople v. Gerson (2022) 74 Cal.App.5th 561, 570–571 [290 Cal.Rptr.3d 18, 25, 74 Cal.App.5th 561, 570–571], reh’g denied (Feb. 16, 2022), review denied (Apr. 13, 2022). …

Category:  Health Go Health

Court applied wrong standard in denying Veteran mental health …

WEBProsecutor’s reasons for peremptory strike of Black juror were improper and required explanation May 12, 2024; Before Officers May Detain Someone They Must Be …

Category:  Health Go Health

DUI Defendants Ineligible For Pretrial Mental Health Diversion

WEBProsecutor’s reasons for peremptory strike of Black juror were improper and required explanation May 12, 2024; Before Officers May Detain Someone They Must Be …

Category:  Health Go Health

Articles Posted in New Criminal Case Law

WEBThe People filed a complaint describing ongoing drug dealing and gang-related violence within and in front of Holiday. The complaint asserted violations of (1) …

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Lifer Granted Elderly Parole Need Not Serve Sentence For In …

WEBIn re Hoze (Cal. Ct. App., Feb. 25, 2021, No. A158399) 2021 WL 732072, at *1. Summary: Johnnie Hoze was 67 years old and had served nearly four decades in …

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San Francisco Criminal Lawyer Blog

WEBPeople v. Koontzy (Cal. Ct. App., Apr. 25, 2024, No. A167703) 2024 WL 1794196, at *1. Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident …

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New Criminal Laws 2023 — San Francisco Criminal Lawyer Blog — …

WEBNew Criminal Laws 2023. Source: Garrick Byers, Statute Decoder. AB 256 (Stats. 2022, Ch. 739) Amends PC 745. PC 745, the Racial Justice Act (RJA)] prohibits …

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San Quentin Prison acted with deliberate indifference, failing to

WEBIn re Von Staich (Cal. Ct. App., Oct. 20, 2020, No. A160122) 2020 WL 6144780, at *1–2. Petition claiming San Quentin does not adequately protect against …

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Court Of Appeal Finds Mentally Ill Defendant Received Ineffective

WEBPeople V. O'Hearn (Cal. Ct. App., Nov. 9, 2020, No. A158676) 2020 WL 6556592, at *1–2 Patrick Sean O'Hearn appealed from the denial of his motion to vacate …

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AB 124-Sentencing to lower term for childhood trauma-applies

WEBProsecutor’s reasons for peremptory strike of Black juror were improper and required explanation May 12, 2024; Before Officers May Detain Someone They Must Be …

Category:  Health Go Health

Reckless Driving (§ 23103) is Not a Lesser Included Offense of …

WEBPeople v. Walker (Cal. Ct. App., May 6, 2021, No. A158423) 2021 WL 1811648, at *1–4. Summary: Walker appealed following his convictions for felony …

Category:  Health Go Health

Denial of Mental Health Diversion must be supported by …

WEBJeanette SARMIENTO, Petitioner, v.The SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;The People, Real Party in Interest.D082443; Filed …

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SB 483 retroactively makes enhancements for prior prison terms …

WEBProsecutor’s reasons for peremptory strike of Black juror were improper and required explanation May 12, 2024; Before Officers May Detain Someone They Must Be …

Category:  Health Go Health

San Francisco Criminal Lawyer Blog

WEBBefore Officers May Detain Someone They Must Be Able To Articulate A Legally Cognizable Reason May 5, 2024; Trial court has no authority to modify …

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Detention for traffic stop is unlawfully prolonged once officer

WEBPeople v. Suggs (Cal. Ct. App., July 31, 2023, No. C096555) 2023 WL 4861699. Summary: The Court of Appeal held that traffic stop was unlawfully prolonged …

Category:  Health Go Health

San Francisco Criminal Lawyer Blog

WEBProsecutor’s reasons for peremptory strike of Black juror were improper and required explanation May 12, 2024; Before Officers May Detain Someone They Must Be …

Category:  Health Go Health

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