Most scathing opinion ever?!

A little late blogging this…the COA issued a scathing opinion in the OC snitch scandal case. The AG argued the trial court erred in disqualifying the entire DA’s office from prosecuting the case. Here’s what the COA had to say about that: “On the last page of the Attorney General‟s reply brief it states, ‘The trial court’s order recusing the OCDA from prosecuting Dekraai’s penalty phase trial was a remedy in search of a conflict.’ Nonsense. The court recused the OCDA only after lengthy evidentiary hearings where it heard a steady stream of evidence regarding improper conduct by the prosecution team. To suggest the trial judge prejudged the case is reckless and grossly unfair. These proceedings were a search for the truth. The order is affirmed.”   (Italics in original.) published opinion calling your argument nonesense. In italics. AWKWARD.

Long opinion, but a good read to understand the extent of the outrageous misconduct. It seems the DAs were so deep in it they started relying on idiocy as a defense before the trial court “I’m just not that familiar with Massiah.” Glad the trial court and COA shut it down and the level of outrage I have for Kamala Harris in appealing the order as well as staying hands off has reached new heights. She should be investigating the DAs and Sherrif’s office not defending them with arguments that have now been deemed nonsensical as a matter of law.

I’m also mad at her because  she just announced her office will step in to defend the cash bail system–something the SF city attorney won’t do. 

Here’s hoping the next AG isn’t worse. Although yes I acknowledge she has some progressive criminal justice policies. 

Published by Jenny Brandt

About Me: sociology, african american studies, chicano/a studies, critical race studies, and criminal law scholar. public school kid from kindergarten-J.D. Former public defender. I am a post-conviction guru. Appeals. Sentencing. Withdraw Pleas. Habeas. Published author in the Criminal Law Bulletin and California Defender. "I do it for the joy it brings, because I'm a joyful girl, because the world owes me nothing, and we owe each other the world." Why I started JJC: My PD buddy suggested it. What and who JJC is inspired by: public defenders I have worked for, with, and next to. my clients who have battled things no one should and are still here. innocence and guilt and everything in between. My coworkers, who fight just as hard as the PDs I love, for many of the same reasons. My husband who was once voted "most Christ like" (every Jewish girl's dream). My Corgi who loves everyone. The constitution. Tabloids. My mom, for giving me a voice. My dad, for teaching me what to say. My brother, for teaching me how to say it.

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