New Evidence Code section on “Creative Expression” could open floodgates on old cases.

CASE LAW ALERT
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
Ruling and Issue
Retroactivity – A 2000 murder case is remanded for retrial to reevaluate the introduction of creative expression evidence (352.2 E.C.).
Peo. v. Venable (2/17/…

Be Mindful of the “Community Caretaking” Guidelines When Conducting Vehicle Inventory Searches
From the Classroom
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
Vehicle Inventory Searches and the “Community Caretaking” Function
Background
With the proliferation of “side shows” in Sonoma County, I had an “OG” officer tell me: “…

U.S. Supreme Court Gun Decision Says N.Y. Law Violated Second and Fourteenth Amendments; Is California Next?
The Second Amendment Right to Bear ArmsBy Robert Phillips, Deputy District Attorney (Ret).
Ruling: State statutes restricting a law-abiding adult citizens’ right to keep and bear arms by requiring a showing of “proper cause” violate the Second and…

Does a Journalist Have the Right to Withhold Information, Even in a Criminal Case?
From the Classroom
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
NEWS SHIELD PRIVILEGE AND CRIMINAL INVESTIGATIONS
This is the fifth in a series of articles covering witness privileges in the California Evidence Code and criminal…

From the Classroom: Therapist-Patient Confidentiality and Its Exceptions; Unusual DUI Defense Works
From the Classroom
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
THERAPIST-PATIENT PRIVILEGE AND CRIMINAL INVESTIGATIONS
This is the fourth in a series of articles covering witness privileges in the California Evidence Code and criminal…

Doctor/Patient and Clergy/Confessor Privileges and Criminal Investigations
FROM THE CLASSROOM
By: Ray Hill, Professor Emeritus, Santa Rosa Junior College
Doctor/Patient and Clergy/Confessor Privileges and Criminal Investigations
This is third in a series of articles covering the California Evidence Code and criminal…

Two Unusual Cases: Is Drinking Alcohol a “Device Designed to Accelerate?” And, Crime on the High Seas
By Ray HillProfessor EmeritusSanta Rosa Junior College
First, Welcome to the staff of the Cypress Police Department as our newest agency subscriber. You will receive timely, informative, and updated information on a regular basis. You also have…

Attorney-Client Privilege: Potential Violations and Exceptions to the Rule
FROM THE CLASSROOM“The Attorney-Client Privilege and Criminal Investigations”
By Ray HillProfessor emeritus, Santa Rosa Junior College
This is second in a series of articles covering the California Evidence Code and criminal investigations. Let’s…

CASE ALERT: Clarity in New Ruling on Dissuading a Victim Access to a Phone
By Ray HillProfessor emeritus, Santa Rosa Junior College
Ruling
Defendant’s Act of Turning Off a Victim’s Cell Phone and Denying Her Access Supports a Conviction for Preventing or Dissuading a Victim from Reporting a Crime (136.1(b)(1) P.C.) (Peo. v…

HUSBAND/WIFE PRIVILEGES AND CRIMINAL INVESTIGATIONS
“FROM THE CLASSROOM”
By: Ray Hill, Professor Emeritus, Santa Rosa Junior College
Special Attention: Law Enforcement Officers
There are no crimes, corpus delicti, or punishments in the California Evidence Code. The E.C. contains the statutory rules…