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December 30, 2025

In criminal trials, both the defense and prosecution are entitled to an investigator counsel table.

California Penal Code 867 While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been examined. The magistrate shall also order the witnesses not to converse with each other until they are all examined. The magistrate may…

December 30, 2025

Field Sobriety Test statistics cannot be used as evidence to convict. This applies to all statistics!

Field Sobriety Test statistics and other statistics/averages/ranges for the hypothetical generality of the populace, as distinguished from matters provable as to the individual defendant, infect the record with a fatal error.In People v. Wilson (2019) 33 Cal.App.5th 559 it was held that it was error to admit statistical-likelihood evidence to…

December 17, 2025

California Supreme Court: Judges should not attend law firm parties. Someone let Judge Rupert Byrdsong know.

Primary Authority Cited California Supreme Court Committee on Judicial Ethics, Formal Opinion 2023-024 (August 29, 2023) Central Holdings: Key Reasoning (Page 6): The Committee concluded that attending such events may suggest a judicial officer has a special relationship or close association with the law firm, potentially causing observers to question…