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Archives - November 2012

9
Nov

VOLUNTARY AND INVOLUNTARY INTOXICATION AND UNCONSCIOUSNESS AS A DEFENSE

The defendant took prescription Ambien and then fell asleep. He ended up driving and was arrested and convicted of DUI drugs. His defense was that he was sleep driving. This Court of Appeal articulates the rules governing involuntary intoxication (a complete defense) as opposed to voluntary intoxication (no defense). They uphold instructions telling the jury …

9
Nov

THE PUBLISHED COMPILATION HEARSAY EXCEPTION

Have you ever heard of the published compilation hearsay exception? California Evidence Code sec. 1340 says that a statement in a published compilation is admissible against a hearsay objection if the compilation is used and relied on as accurate in the course of business. Here, the DA got in testimony from a detective that the …

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