An Appalling Example of California Justice . . .

[Hiracer]

Oops. Sorry TaoJones. I see you have already posted the link. I was posting first; reading second.

I think the significance to this second motion for recusal is that this time there might be demonstrations at today's hearing, underscoring the basis for the recusal. These good old boys are really being put under the microscope. They and their conduct have become the subject matter of this trial.

[slomotion]

Originally Posted by TaoJones

"If the District Attorney's Office did drop the case with the intention of refiling following an investigation, it would have two years to refile under the statute of limitations, [DA Jon] Hopkins said in an interview late last week.

"The case against [Bismarck] Dinius was filed in May of 2007, more than a year after the crash. While the statute of limitations on the manslaughter charge runs out after three years, Hopkins said the clock stops running once the case is filed and begins working its way through the courts.

Well, I may have been wrong in my analysis. But if so, it is only because California is weird. This is NOT the way it works in most states, and the Dinius case is a good example of why. As Hopkins would have it, he can now dismiss and refile this case ad seriatum until the cumulative time between each dismissal and subsequent filing totals two years.

In most states and I believe Federal Court, once an information or indictment is filed the statute of limitations is tolled ONLY to the extent that a superceding indictment which is not prejudicially different may be filed after the statute of limitations period would otherwise have expired PROVIDED that the original case is still pending. United States v. Friedman, 649 F.2d 199 (3d Cir.1981).

If instead, the original case is dismissed first, there is no tolling and it cannot be refiled if the statute has run.

[TaoJones]

Originally Posted by slomotion

Well, I may have been wrong in my analysis. But if so, it is only because California is weird. This is NOT the way it works in most states, and the Dinius case is a good example of why. As Hopkins would have it, he can file and dismiss this case ad seriatum until the cumulative time between each dismissal and subsequent filing totals two years.

The other possibility is that DA Hopkins is guilty of HUA, and simply has it wrong. With everything else that is whack about this case, that would not be surprising.

TaoJones

[Hiracer]

TJ,

Sorry, I live in a cave. That HUA reference went right over my head.

What is HUA?

[slomotion]

I didn't get HUA either - Zhong Guo Hua?

But, here's the latest:

Lake County News | California - Prosecution says Dinius case will move forward

Hopkins now says he's going forward with the trial.

[TaoJones]

Originally Posted by Hiracer

TJ,

Sorry, I live in a cave. That HUA reference went right over my head.

What is HUA?

Cops in LA (and elsewhere, no doubt) refer to some drivers as "Driving HUA" much in the way they might say "DWI" or "DUI." As I'm sure you know DWI = Driving While Intoxicated (or Impaired), and DUI = Driving Under the Influence (of alcohol or drugs). Well, Driving HUA = Driving with Head Up (posterior).

TaoJones

[slomotion]

And just to put this puppy to rest, it appears that Hopkins is correct. California has changed the usual rule by statute. In California the statute of limitation period is tolled for the amount of time that a prior prosecution was pending even where that case was dismissed prior to refiling AND even if the dismissal was a court imposed sanction for prosecutorial misconduct: Robinson v. Superior Court, Not Reported in Cal.Rptr.3d, 2003 WL 22839283, Cal.App. 4 Dist.,2003.

Of course, this means I was correct too: California is weird. I can certainly imagine situations where application of the California rule would be fair. But in general it seems to encourage the casual filing of criminal charges, trial and error serial prosecutions, and other abuse.

[Hiracer]

TJ,

Thanks. I never would have figured that out.

Slomotion,

Hopkins has figured out that his case keeps getting worse and worse as more evidence comes out. All of these delays have worked for the defense. The light of understanding finally went on.

I wonder if he knows that, if he loses this case, there will undoubtably be some bar complaints against him and his deputy DA. Maybe he hasn't figured that out. He's got more riding on this case than he realizes.

. . .

I was real glad to read in your link that the judge is a visiting judge.

[captain58sailin]

Not to mention if the case ever comes to trial the judge will likely throw the case out and that would be a huge embarrassment to the persecutor, and they are nothing if not political animals. If any more light gets thrown on this case, it will stink to high heaven to the populace in general and that would spell the end of a career for him.

[GordMay]

Originally Posted by captain58sailin

Not to mention if the case ever comes to trial the judge will likely throw the case out and that would be a huge embarrassment to the persecutor ...

Was than an unintentional parapraxis, or a (great) joke?

[captain58sailin]

It was intentional Gord, I didn't know if anyone would pick up on it. Good eye.

[BigDreams]

Originally Posted by GordMay

Was than an unintentional parapraxis, or a (great) joke?

I noticed it, also. The "persecutor!"

Now, I have to look up .... parapraxis.

Result for those of you who, like me, suffer from a terminology disorder.

"The Freudian slip is named after Sigmund Freud, who described the phenomenon he called Fehlleistung (literally meaning "faulty action" or "misperformance" in German), but termed as parapraxis (from the Greek παρά + πράξις, meaning "another action" in English)."

[TaoJones]

From today's 'Lectronic Latitude, comes word that Jerry Brown has finally licked his finger and held it up to test the political winds:

* * *

It's About Frigging Time

June 24, 2009 – Sacramento

After a flurry of comments on Jerry Brown's official Facebook page, California's Attorney General announced that he is finally looking into what passes for justice in Lake County.

* * *

To read the entire piece, go to:

Latitude 38 - The West's Premier Sailing & Marine Magazine

TaoJones

[Hiracer]

Thanks TaoJones. Let's hope for the best.

[TaoJones]

From today's 'Lectronic Latitude, comes word of the next court hearing, June 30, along with a picture of some of the protesters at the last hearing:

* * *

From the atricle:

" 'I was away for the weekend and had no idea any of this was going on,' he [Bidmarck Dinius] told us Wednesday. 'I'm so grateful for everyone's amazing support.' "

Join dozens of other protesters on the steps of the Lake County Courthouse on June 30. And consider donating to Bismarck Dinius' defense fund via Paypal.
Photo Courtesy Bismarck Dinius Supporters
© 2009 Latitude 38 Publishing Co., Inc.

* * *

To read the entire piece, go to:

Latitude 38 - The West's Premier Sailing & Marine Magazine

TaoJones