November 20, 2013
The Supreme Court tomorrow will file its opinion in People v. Vangelder. The issue in that case is: Did the trial court prejudicially err in refusing to allow expert testimony about the accuracy of the breath-testing devices used in this case? The appellate division of the San Diego Superior Court said “no,” but Division One of the Fourth District Court of Appeal reversed in a published opinion.
Two interesting facts about this case. First, somewhat uncommonly, the decision to grant review was not unanimous; Justices Kennard and Liu did not vote to hear the case. Second, more than a year after briefing was complete, the court asked for supplemental briefing, inquiring as to the effect, if any, of various federal and state regulations regarding breath-testing machines.
Vangelder will be the Supreme Court’s first opinion in the cases argued in October.
The opinion can be viewed online tomorrow beginning at 10:00 a.m.