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Archives - June 2007

23
Jun

SAN DIEGO PROSECUTORS ALLOWED INCOMPETENT LAB ANALYST TO TESTIFY FALSELY IN DUI CASES FOR YEARS

After much toil and trouble, I was finally able to get my hands on the sustained complaints from the San Diego Sheriff’s Department on one of their crime lab people who has been testifying falsely in San Diego DUI cases for 12 years.. Sheriff’s Legal Advisor, Sanford Toyen, attempted for months to block me from …

22
Jun

PROSECUTORS CAN’T GET DEFENSE DISCOVERY FROM SUBPOENAS

DA NOT A PARTY TO 3RD PARTY DISCOVERY AND CAN’T GET WHAT THE DEFENSE GETS FROM AN SDT (Smith v. Superior Court; 2007 DJ DAR 9151; DJ, 6/21/07; C/A 4th) In yet another of the many Appellate reversals of San Diego Superior Court Judge Peter Deddeh, the San Diego Fourth District Court of Appeal held …

14
Jun

CAN EVIDENCE OF VOLUNTARY INTOXICATION BE USED TO FIND “IMPLIED MALICE?”

BARRING EVIDENCE OF VOLUNTARY INTOXICATION ON IMPLIED MALICE In 1996 the United States Supreme Court Montana v. Egelhoff (518 U.S. 37). The crucial 5th vote, Ginsburg, said that Montana redefined murder to make it a crime for a person to do the act with awareness, where that awareness would exist but for the intoxication, and …

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