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Archives - May 2012

11
May

SAN DIEGO CRIMINAL DEFENSE: CALIFORNIA SUPREME COURT DECLARES NICOLE BROWN SIMPSON HEARSAY RULE UNCONSTITUTIONAL

California Evidence Code sec. 1370 (aka: the Nicole Brown Simpson hearsay exception) creates an exception to the hearsay rule for statements made by someone describing a threat or actual infliction of harm where the person is unavailable. The California Supreme Court recognized that the videotaped interview of the witness who was unavailable for trial, which …

4
May

SAN DIEGO DUI DEFENSE: EXPERT TESTIMONY CONCERNING PHYSIOLOGICAL VARIABILITY AFFECTING BREATH TESTING IMPROPERY EXCLUDEDg Breath Testing Improperly Excluded

Chalk one up for Chuck Sevilla and Chris Plourd (now The Hon. Chris Plourd!) for their great work in Vangelder. But, as usual, the young’uns in the misdemeanor unit of the City Attorney’s officer have stamped their feet and cried “foul” all the way up to the Supreme Court. Don’t they know that the Supreme …

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