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Posts Tagged ‘consultation’

Lying In Wait And Jury Views

23 Jan

The Cal. Supreme Court here issue another long opinion affirming a death verdict. They begin by rejecting the defense claim of jury instruction error on the issue of lying in wait. The Cal. Supreme Court says that the issue is whether a defendant can murder by lying in wait when there are only a few seconds of waiting, but they never actually expressly address that point. Continue reading “Lying In Wait And Jury Views” »

Tags: lying in wait, Criminal Cases, death verdict, criminal defense lawyer, deliberations, consultation

Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases

19 Jun

In 2009, Auburn v. DMV further lessened the burden of proof in DMV Administrative Per Se Hearings for Driving Under the Influence.  Evidence that the arresting officer had observed the driver weaving in his lane, and almost hit the curb, supported finding of reasonable suspicion to justify a traffic stop, even absent showing of officer’s particular expertise or that weaving occurred over a substantial or considerable distance.

Unlike Criminal Courts, DMV Administrative Hearings/Courts have a different standard of proof.  Continue reading “Burden of Proof for DMV Administrative Hearings in DUI Cases is Far Less Than in Criminal Cases” »

Tags: DMV, consultation, Criminal Defense Articles, California, licensees, dui cases, DUI