Writ filed in Santana, Vasquez;
other trial actions linger in limbo
by Tom Nadeau
The defense has filed a writ of mandamus asking the 3rd District Court of Appeals to reject a Yuba County court ruling that a trial may proceed in People v. Santana, Vasquez, #08-825 a spokesperson for defendant Jesse Santana said Wednesday.
Supervising Deputy Attorney General Michael A. Canzoneri has not yet responded to a Notable Trials query as to what action, if any, his office has taken, or is contemplating taking.
When visiting Judge John Darlington ruled in August that the county superior court trial could proceed against the two beleaguered lawyers, both sides – defense and prosecution – indicated they might file such writs.
Neither was entirely happy with Darlington’s rulings, since he rejected some arguments by both sides. He dismissed some charges against Santana, but not all. He held Vasquez for trial on one charge that was dismissed against Santana. The prosecution argued strongly that none of the charges be dismissed.
A writ of mandamus is a judicial remedy in which a higher court can order, or mandate, that a lower court do or refrain from doing some specific act which the lower court has already undertaken or is considering undertaking.
Think of a school crossing guard sticking up a “STOP!” sign.
Next action date somewhat iffy ... Read more »
The defense has filed a writ of mandamus asking the 3rd District Court of Appeals to reject a Yuba County court ruling that a trial may proceed in People v. Santana, Vasquez, #08-825 a spokesperson for defendant Jesse Santana said Wednesday.
Supervising Deputy Attorney General Michael A. Canzoneri has not yet responded to a Notable Trials query as to what action, if any, his office has taken, or is contemplating taking.
When visiting Judge John Darlington ruled in August that the county superior court trial could proceed against the two beleaguered lawyers, both sides – defense and prosecution – indicated they might file such writs.
Neither was entirely happy with Darlington’s rulings, since he rejected some arguments by both sides. He dismissed some charges against Santana, but not all. He held Vasquez for trial on one charge that was dismissed against Santana. The prosecution argued strongly that none of the charges be dismissed.
A writ of mandamus is a judicial remedy in which a higher court can order, or mandate, that a lower court do or refrain from doing some specific act which the lower court has already undertaken or is considering undertaking.
Think of a school crossing guard sticking up a “STOP!” sign.
Next action date somewhat iffy ... Read more »
posted by Tom Nadeau at
10:03 AM
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