Sheri’s Sidebar 5/19/2023 Edition # 6

Sheri’s Sidebar 5/19/2023 Edition # 6

1) HB1077 Passed

2) Even if the “same criminal conduct” limits the sentence, the Deadly Weapon and Firearm Enhancements (DWE & FAE) still run consecutively for each count

3) METADATA IS NECESSARY to prove authenticity on screen shots or video of video taken by police. ER 901, ER 1001

4) State v. Denton 2022 has possible applications to argue around the attorney shortages

5) Attorney Shortage Issues

6) GR 14.1(a) Unpublished cases, use to your advantage

7) A long term elected prosecutor (decades – plural) told me once that only the bottom 1/3 of any graduating class applies to be prosecutors. Remember who you are and what you can do

8) Another Inappropriate State Argument: State cannot ask a defendant why they didn’t call the police, it violates the right to remain silent.