Posts In Evidentiary Issues

California Appellate Court Reversed Conviction Based on Trial Court’s Failure to Review Officers’ Personnel Files Nov 18

Witness credibility is essential in any California criminal case. If a witness is found not to be credible, their testimony comes ...

Are Warrantless Arrests Legal in California? Aug 28

The Fourth Amendment to the United States Constitution provides that people have the right to be free from unreasonable searches ...

California Court Rejects Challenge to Expert’s Testimony Based on Defendant’s Failure to Object at Trial Apr 18

Last month, a state appellate court issued a written opinion in a California drug-dealing case in which the defendant claimed that ...

California Court Allows Prosecutor to Obtain Defendant’s Confidential Medical Records under Sexually Violent Predator Act Apr 05

In a recent California criminal case before a California court of appeals, the court had to decide whether a prosecutor’s office ...

California’s Implied Consent Law and the Consequences of Refusing Chemical Testing Feb 13

When someone is arrested for a California DUI offense , the arresting officer will likely ask them if they will consent to a ...

Hearsay in California Criminal Cases Jan 10

One of the most misunderstood rules in California criminal law is the law preventing hearsay testimony. Under California statutory ...