Posted on: July 28, 2008 at 11:33 a.m.
This appelate court decision exemplifies what happens when a trial judge instructs the jury with incorrect law, and the subsequent jury conviction is thrown out. On appeal, the reviewing court reversed the assault with a deadly weapon and evading a peace officer convictions of a woman who struck a Long Beach pedestrian with her car when she drove down a beach bicycle path, pursued by a harbor patrolman, while fleeing an earlier collision.
Concluding that a Los Angeles Superior Court Judge erred when she instructed a jury that the crime of assault does not require awareness as an element, and pointing out that the prosecution had failed to present any evidence that the patrolman, a fire department employee, was a
motion to dismiss unlawful police search
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