
An October Case Alert written by Bob Phillips (“The Necessary Elements of a DUI/Marijuana Implied Malice 2nd Degree Murder” - LU Ref. #CAC00085 – Peo. v. Murphy) created important legal precedent in California. Big Legal Updates “kudos” to Los Angeles County Deputy District Attorneys Casey Higgins and Yoobin Kang Hernandez for their hard work in navigating this case through trial and to the 2DCA. This case is truly in the interests of the people!
Bob Phillips’ summary bears a second reading. As Bob terms it, this is a “go to” case and reinforces the need for awareness by first responders and follow up investigators at the scene of an accident. “Buzzed driving” with cannabis resulting in an injury or a fatality to another against should be treated the manner as a felony assault or homicide investigation. Scene security, use of a DRE, evidence gathering, interviews of witnesses and the suspect, accident reconstruction, forensic evidence collection and examination, etc., is approached in a planned and methodical manner.
What if the suspect is injured and being transported by ambulance to the emergency room? You are assigned to accompanying a ....