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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 health officials have reported 2,867 new COVID-19 infections, a new record, eclipsing the previous one of 2,287 last Friday by nearly 800 cases, marking more than 100,000 total cases in the county since the pandemic began.Friday marked the third consecutive day more than 2,000 new cases were reported, with 2,050 reported Thursday and 2,104 Wednesday. It is also the 11th day with more than 1,000 new cases and the 19th of the last 22 to reach that mark. It is just the fifth time the daily cases have crossed 2,000 -- all of which have come in the past week.The data released Friday, along with 23 deaths, raises the region's cumulative totals to 102,466 confirmed infections and 1,137 deaths.Of 25,002 tests reported Friday, 11 percent returned positive, raising the 14-day average of new cases to 8% -- a record.The number of hospitalizations continued to rise, with 38 people hospitalized and four patients put in intensive care units. The COVID-19- related hospitalizations increased to 965 -- 249 in ICUs. Since the pandemic began, 5,064 or 4.9% of cases have been hospitalized due to coronavirus, 1,098, or 1.1% have been sent to the ICU.The county's hospitals still have 18% of their ICU beds available, down from 21% Thursday. The state now estimates the ICU bed availability in the 11-county Southern California region at 6.2%, down from 7.7% on Thursday.Of the 4,627 people hospitalized in the county, 20% are due to COVID- 19, and 44% of ICU patients. This compares to 7.7% and 20%, respectively, one month ago.The county has seen a 199% increase in COVID-19 related hospitalizations in the past 30 days and a 148% increase in ICU patients in the same time frame. The previous peak in hospitalizations, in mid-July, topped out around 400 patients.Ten new community outbreaks were reported Friday. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days. 1998

SAN DIEGO (CNS) - Police Tuesday were searching for a man suspected of carjacking another man on a Bay Terraces street.The victim was sitting in his 2018 Kia Forte around 9:55 p.m. Monday in the 1300 block of Manzana Way, near the Hillsborough Recreation Center, when a white van pulled up alongside him, San Diego police Officer John Buttle said.A man got out of the van and told him he wanted the car, then the victim -- assuming the man had a weapon -- got out of his car, Buttle said.Another person driving the van sped away, followed by the thief in the victim's Kia, which had California license plate 8BCW102, the officer said. No detailed suspect descriptions were immediately available.Anyone with information regarding the theft or the location of the car was asked to call SDPD's robbery division at 619-531-2299 or San Diego County Crime Stoppers at 888-580-8477. 883

SAN DIEGO (CNS) - San Diego County public health officials have reported 352 new COVID-19 cases and no new fatalities, raising the region's total to 57,102 cases with deaths remaining at 891.Of the 12,879 tests reported Saturday, 3% returned positive with 239 people hospitalized.The county avoided the state's purple tier, the most restrictive, for yet another week on Tuesday, remaining in the less restrictive red tier of the state's four-tiered coronavirus monitoring system.The county's adjusted case rate dropped to 6.5 new daily COVID-19 cases per 100,000 population.According to the California Department of Public Health, the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the purple tier, which has a floor of 7 per 100,000. However, the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all nonessential indoor businesses.The state data, updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.All students at San Diego State University are under a stay-at-home advisory until 6 a.m. Monday. University officials said the move was made to discourage students from participating in Halloween events in which physical distancing cannot be done. Students were advised to stay home unless they have an essential need.The Escondido Union School District reported two positive cases Thursday at Mission Middle School.District officials were notified of the positive tests on Tuesday, and said the cases were separate.The new cases prompted district officials to advise 25 students, five teachers and three classroom aides to begin a 14-day quarantine.The Vista Unified School District reported four COVID-19 cases last Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 13 cases since Sept. 8, with nine of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School moved to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 3408

SAN DIEGO (CNS) - The body of a 14-year-old boy was found near railroad tracks by a maintenance crew in the Bay Ho neighborhood, sheriff's officials said.At about 2:50 a.m. Saturday, the crew discovered someone who appeared to be struck by a train in the area of 6000 Santa Fe St., according to Lt. Thomas Seiver of the San Diego County Sheriff's Department homicide unit.After an investigation at the scene by the sheriff's Railroad Enforcement Team, the homicide unit took over the case, Seiver said.The boy has been identified and his next of kin notified, but his name is being withheld because it may jeopardize the investigation, the lieutenant said.The county Medical Examiner's Office will perform an autopsy to determine the cause and manner of the boy's death, Seiver said.Anyone with information about the incident is asked to call the sheriff's homicide unit at 858-285-6330 or Crime Stoppers at 888-580-8477. 929

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