The Inquisitive Prosecutors' Guide

2016-IPG#18 (PROPOSITION 47 UPDATE PART II)

This podcast is the second portion of a Proposition 47 update covering all the new cases involving issues that have arisen in applying that initiative.

2016-IPG#16 (PROPOSITION 47 UPDATE PART I)

This podcast is the first in a series of Proposition 47 updates covering cases addressing issues that have arisen in applying the initiative. This podcast focuses on cases discussing the scope of the two statutes first enacted by Proposition 47: Penal Code sections 459.5 and 490.2.

2016 IPG#15 (FEAR NOT THE DEMURRER)

This edition of the Inquisitive Prosecutor's Guide discusses demurrers with a focus on demurrers based on claims that the charging document does not provide adequate notice of the charges.

2015-IPG#13: (HOW THE PROGENY OF DESCAMPS ARE MAKING IT TOUGHER TO PROVE SOME PRIOR CONVICTIONS TO A JUDGE)

This edition of IPG attempts to answer several questions regarding proving priors in light of Descamps and its recent California progeny, including (i) Does the Sixth Amendment allow the prosecution to not only prove the bare fact of the conviction but other facts about the conviction to a judge (rather than a jury)? and (ii) what documents may the prosecution safely rely on in proving the fact a defendant had suffered a prior conviction to a judge (rather than a jury)?

IPG #12 (New Cases on Search Clauses Douglas Romeo Wolfgang)

This edition of IPG discusses a trio recent appellate cases involving search clauses: People v. Douglas (2015) 240 Cal.App.4th 855; People v. Romeo (2015) 240 Cal.App.4th 931; and People v. Wolfgang (2015) 240 Cal.App.4th 1268. Among the issues raised in the cases:

Can an officer’s knowledge a defendant is on PRCS, by itself, provide the required pre-search knowledge of the existence and scope of the search clause? Is an officer always required to run a check to verify the status of a probationer immediately before conducting a probation search? Has the Harvey-Madden rule been abrogated in certain circumstances by Proposition 8? Must an officer know of the specific terms of a probation search condition before conducting a probation search? Will evidence obtained by an officer who was not specifically aware of the scope of a search clause always have to be suppressed?

2015-IPG #11(New Detention Cases: Brown and Linn)

This week's IPG focuses on two recent cases involving what distinguishes a dentention (which requires reasonable suspicion) from consensual encounter (which does not require reasonable suspicion). The first is from the California Supreme Court and highlights the issue of whether a driver of a parked vehicle is considered "detained" when an officer pulls up behind the vehicle and turns on his emrgency lights (Brown 61 Cal.4th 96). The second is from a California appellate court and focuses on the issue of whether the driver of parked car is detained when an officer requests, retains, and runs the license of the driver (Linn 2015 WL 5866997). Guest: Santa Clara County Deputy District Attorney Mike Galli.

2015-IPG#10 (New Discovery Cases: Lewis and Facebook)

This edition of IPG covers two new discovery cases: People v. Lewis 2015 WL 5247046 and Facebook Inc., v. Superior Court 2015 WL 5244640. However, the accompanying podcast, focuses solely on the Lewis case, which deals with the question of a prosecutor’s constitutional (and, at least in dicta, statutory) discovery obligations when it comes to information relating to the arrest and charging of a non-testifying peace officer witness. Our guest on the podcast is Doug MacMaster, a recognized expert in discovery matters and, coincidentally, one of the prosecutors notably but anonymously mentioned in the Lewis case. The Facebook case addresses whether a criminal defendant is entitled to subpoena and obtain electronic information from entities such as Facebook, Instagram, and Twitter pre-trial. Listening to the podcast provides ides 36 minutes of self-study ethics MCLE credit. Guest: Contra Costa County Assistant District Attorney Doug MacMaster.

2015-IPG #9 (Banks-Blackburn-Tran)

A discussion of recent California Supreme Court decisions dealing with what constitutionally and statutorily needs to be proved to impose a special circumstances sentence on felony murderers who do not personally kill - even when death is not imposed (Banks 61 Cal.4th 788) and whether a defendant must personally waive his right to a jury (as opposed to a court) trial at an MDO extension hearing (Blackburn 2015 WL 4879673) or an NGI extension hearing (Tran 191 Cal.Rptr.3d 251): Guests: Santa Clara Co ADA Terry Harman and DDA Pinaki Chakravorty.