Recently, the United States Supreme Court has ruled that the prosecution is prohibited from introducing a forensic laboratory report containing a BAC (blood alcohol concentration) certification through the in-court testimony of a scientist who did not sign the certification or perform or observe the test reported in the certification. The “Supreme Court: BAC Reports Subject to the Sixth Amendment Scrutiny”
Supreme Court Protects New Orleans DA from Damages for Prosecutorial Misconduct
Prosecutors are required to disclose to defense counsel evidence favorable to the accused that may affect the outcome of a criminal trial. A violation of this constitutional rule is called a Brady violation that mandates reversal of a criminal conviction. When such a violation is uncovered long after an accused “Supreme Court Protects New Orleans DA from Damages for Prosecutorial Misconduct”
The California Supreme Court Authorizes Warrantless Searches of Cell Phones
The California Supreme Court recently ruled that law enforcement officers are authorized to conduct a warrantless search of cell phones obtained from a defendant after arrest. The Court granted review to determine whether the Fourth Amendment to the United States Constitution was violated when approximately 90 minutes after lawfully arresting “The California Supreme Court Authorizes Warrantless Searches of Cell Phones”
Marijuana Legalization and Drug Laws
California laws continue to evolve favorably for non-violent offenders in possession of marijuana and other drugs for personal use. Californians will soon have the option of legalizing the use, possession and transportation of marijuana for personal use. Supporters of a ballot initiative expect to see a vote on the issue “Marijuana Legalization and Drug Laws”
Criminal Court Diversion for Combat Veterans
The San Diego County Public Defender’s, together with private criminal defense lawyers and local veterans groups, is reportedly putting together a legislative proposal for the diversion of criminal cases for combat veterans. The Penal Code already provides for alternative sentencing for combat veterans suffering from post traumatic stress disorder (PTSD), substance abuse, “Criminal Court Diversion for Combat Veterans”