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SAN DIEGO (CNS) - The California Supreme Court ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - San Diego County schools are allowed to reopen for in-person teaching starting Tuesday, a day after a flurry of businesses throughout the county resumed indoor operations.Tuesday marks two weeks since San Diego County was removed from the state's COVID-19 watch list and nearly three weeks that the county's case rate has remained under 100 cases per 100,000 people.Remaining below that metric has paved the way for K-12 schools to reopen for in-person teaching, but many districts are expected to take a cautious approach to reopening.Schools that choose to reopen must follow state guidance, including mandatory face covering usage for students in third grade through high school, increased cleaning and disinfecting practices and implementing a six-foot distance requirement, where possible, in classrooms and non-classroom spaces.On Monday, San Diego County businesses including movie theaters, gyms, museums and hair and nail salons resumed indoor operations, with modifications, under newly issued state guidance. Restaurants, places of worship and movie theaters are only allowed up to 25% occupancy or 100 people -- whichever is less. Museums, zoos and aquariums are also required not to exceed 25% occupancy.Monday night, the county implemented a new policy that restaurant patrons sitting indoors must wear masks at all times, except when eating or drinking. Outdoor patrons may still remove masks while not consuming food or beverages.Gyms, dance studios, yoga studios and fitness centers may operate with 10% occupancy. Hair salons, barbershops, tattoo parlors, piercing shops, skin care and cosmetology services and nail salons may operate indoors with normal capacity, but a new policy states they must keep an appointment book with names and contact information for customers to track potential future outbreaks.San Diego County Supervisor Greg Cox thanked San Diegans for working hard to bring the case rate down but offered a word of caution on Monday."This is not a green light, this is a yellow light," he said. "We can't gun the engine of the economy full throttle yet."Dr. Wilma Wooten, the county's public health officer, said the county would follow state guidelines that retail businesses are to be restricted to 50% occupancy. Wooten said she was seeking clarification on grocery stores for the same restriction.All indoor businesses must still abide by social distancing and face-covering mandates, as well as having a detailed safe reopening plan on file with the county.County public health officials reported 304 new COVID-19 cases on Monday, raising the county's cumulative cases to 38,604. No new deaths were reported, keeping the county's deaths tied to the illness at 682.Of 5,731 tests reported Monday, 5% returned positive, raising the county's 14-day rolling positive testing rate to 3.7%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 6,543. 2960

SAN DIEGO (CNS) - San Diego City officials Saturday will rededicate a Skyline-area police substation in honor of a patrolman gunned down nearly four decades ago during a traffic stop two blocks from where the precinct house now stands.The SDPD Southeastern Division headquarters will be renamed the Archie Buggs Memorial Building during a late-morning ceremony on the 39th anniversary of the slaying. Two of the late lawman's relatives -- his sister, Gwen Buggs, and cousin, Pam Jones -- are scheduled to be present for the event.Buggs, 30, came under fire in the early morning hours of Nov 4, 1978, after stopping a 1968 Chevrolet driven by 17-year-old gang member Jesus Cecena in the 7100 block of Skyline Drive.The teen fired five times at Buggs, then paused, walked toward the downed officer and shot him in the head at point-blank range. Buggs died on the street, his hand on his service revolver.Cecena was convicted of murder and sentenced to serve life in prison without the possibility of parole in August 1979. Because of his age at the time of the killing, his sentence was reduced to a seven-years-to-life term in 1982.Three years ago, a change in the law made Cecena eligible for youth offender parole. His release was approved by the state Parole Board in April 2014, but Gov. Jerry Brown overturned the panel's recommendation that September, then did so again two years later and once more four months ago.Cecena, 56, has received more than 10 violation reports for misconduct while in prison, according to the San Diego County District Attorney's Office.Among local leaders slated to take part in this morning's renaming ceremony in the 7200 block of Skyline Drive will be Mayor Kevin Faulconer, police Chief Shelley Zimmerman, City Council President Myrtle Cole and District Attorney Summer Stephan. 1824

SAN DIEGO (CNS) - Target Corp. has agreed to pay .4 million to resolve allegations that it violated terms of a 2011 judgment regarding the company's handling and disposal of retail hazardous waste, San Diego County District Attorney Summer Stephan announced Wednesday.``This settlement holds Target accountable for this second violation of environmental laws that involve the improper disposal of a long list of hazardous materials,'' Stephan said. ``This case serves as a reminder to corporations of the importance of environmental protection laws that safeguard the public's health and that violators will be held accountable.''The current settlement -- announced by Stephan, 21 other California district attorneys, the California Attorney General's Office and the city attorneys of San Diego and Los Angeles -- comes as a result of investigations that concluded the company committed violations by improperly disposing hazardous waste into landfills across California between 2012 and 2016. The waste included such items as electronics, batteries, aerosol cans, compact fluorescent light bulbs and medical waste, including syringes, over-the-counter and prescribed pharmaceuticals, as well as confidential medical information from its customers.``We are confident that with these strong injunctive terms and penalties, Target will implement meaningful changes to prevent this from ever happening again,'' said California Attorney General Xavier Becerra. ``However, the wise move for all companies is to abide by the law and employ proactive training and processes to help ensure that hazardous waste violations are avoided in the first place.''It's the second settlement resolving allegations of hazardous waste compliance violations by Target. In March 2009, the California Department of Justice and several local prosecutors filed a complaint against Target, alleging that it violated state statutes and regulations governing the handling and disposal of hazardous waste.As part of the final settlement in 2011, Target agreed to pay .5 million to cover penalties, attorney's fees and funding for supplemental environmental projects. 2150

SAN DIEGO (CNS) - The clock is now ticking for San Diego County, as recently released COVID-19 data showed one of the two metrics the state monitors is now flagged as "widespread," which could lead to business restrictions and renewed closures if it continues for another week.San Diego County's state-calculated, unadjusted case rate is 7.9 new daily cases per 100,000 population. The testing positivity percentage is 4.5%. Should the county have a case rate higher than 7.0 next week, it could be moved into the purple tier, and more state-imposed restrictions could be implemented on recently opened businesses. Many nonessential indoor business operations could be shuttered.The county is currently in the red tier, along with Orange, San Francisco, Marin, Santa Cruz and Santa Clara counties. Most of the rest of Southern California is in the purple tier. The state system has four tiers and assesses counties weekly, with reports scheduled each Tuesday.County public health officials reported 294 new COVID-19 infections and nine new fatalities Tuesday, bringing the region's total caseload to 43,181 and total deaths to 742.Six men and three women died between Sept. 7 and Sept. 14, and their ages ranged from early 50s to mid-90s. All had underlying medical conditions.Of the 5,969 tests reported Tuesday, 5% returned positive, moving the 14-day rolling average of positive tests to 4.4%, well below the state's 8% guideline. The seven-day average number of tests performed in the county is 7,254.Of the total positive cases in the county, 3,335 -- or 7.7% -- have required hospitalization since the pandemic began, and 784 -- or 1.8% -- were admitted to an intensive care unit.County health officials reported four new community outbreaks on Tuesday. In the previous seven days, 15 community outbreaks were confirmed. Two of the new outbreaks were in restaurant/bar settings, one was in a business and one in a grocery setting.The number of community outbreaks remains above the county's goal of fewer than seven in a seven-day span. A community setting outbreak is defined as three or more COVID-19 cases originating in the same setting and impacting people of different households in the past 14 days.San Diego State University reported 23 more positive cases of the illness in its student body Tuesday, even as it is ramping up its COVID-19 testing protocols through a new random surveillance testing program which requires all students living on campus to be tested for the virus.The surveillance program will begin Wednesday, with around 500 students being tested every day through Saturday, then starting again Monday. All students living in SDSU residence halls and apartments will be assigned testing slots at either the Student Health Services Calpulli Center, or the HHSA testing location at the Parma Payne Goodall Alumni Center.Students will be notified of their assigned testing window, along with instructions on what to do, through their SDSU email address.The university has reported 676 students testing positive for the illness, the majority of whom live off campus.Off-campus students are encouraged to get tested as well. All students continue to have access to testing at Student Health Services and at both San Diego County and Imperial County locations. Faculty and staff continue to have access to county testing site locations, including the location at the Parma Payne Goodall Alumni Center.Corinne McDaniels-Davidson, director of SDSU's Institute for Public Health, reminded students to take the illness seriously."We're hearing people act like a negative test is a hall pass to do whatever you want," she said Tuesday. "It's not. A test is just a snapshot of a particular moment."She said a person could become infected on their way home from receiving a test, and that it's important to maintain constant vigilance.The university has not received any reports of faculty or staff who have tested positive, SDSU health officials said, nor have any cases been traced to classroom or research settings.A comprehensive outreach strategy to expand testing access for Latino residents and other communities hardest hit by the COVID-19 pandemic started Monday in downtown San Diego with the opening of a testing site at the Mexican Consulate at 1549 India St. 4297

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