Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Yoda of Radar
    Join Date
    Jun 2005
    Location
    O'FALLON, MISSOURI
    Posts
    15,630

    Post California Appellate Court Refuses to Publish Anti-Camera Decision

    California Appellate Court Refuses to Publish Anti-Camera Decision
    Municipality spared potential of refunds from illegal red light camera program thanks to non-publication rules of California courts.

    A California appellate court on Wednesday declined to publish a decision overturning a ticket issued by an unlawful red light camera operation (view ruling). California Superior Court, San Mateo County Appellate Judge Mark R. Forcum turned down attorney Frank Iwama's request that he explain his reasoning more fully in a published decision. Unpublished cases cannot be cited as precedent in California, and motorists interested in challenging citations will have to repeat from scratch all arguments about the program's illegality.

    "I am deeply disturbed and saddened that, despite the judge's courageous action in interpreting the law, the judge has not taken the next step of modifying and certifying his opinion for publication," Iwama said in a statement. "The publication of the opinion in the Official Reports would have served as a badly needed and useful precedent for the people in seeking guidance in the interpretation and application of the cost-neutrality clause in red-light camera contracts."

    Other California courts have struck down red light camera programs on various legal grounds in cases such as: Franco, Murray, Graham, Williams and Bohl. The Fischetti case actually held published status for a time only later to become depublished by the state supreme court. In court filings, the League of California Cities suggested that allowing such rulings to stand with precedential value would force them to issue refunds or cancel their programs outright, costing millions.

    "One of the first principles we all learn in school is the power of the Constitution and the independence and separation of powers between the three branches of government," Iwama said. "During this difficult economic time, it seems that financial necessity overrules the highest principles between what is right and wrong regardless of potential economic consequence."

    Ken Schmier, Chairman of the Committee for the Rule of Law has been fighting the state's use of non-publication rules. His cause has gained traction over time. In 2000, the US Court of Appeals for the Eight Circuit issued a scathing decision declaring non-citation rules unconstitutional.

    "Some forms of the non-publication rule even forbid citation," Judge Richard S. Arnold wrote in Anastasoff v. US. "Those courts are saying to the bar: 'We may have decided this question the opposite way yesterday, but this does not bind us today, and, what's more, you cannot even tell us what we did yesterday.' As we have tried to explain in this opinion, such a statement exceeds the judicial power, which is based on reason, not fiat."

    This line of reasoning brought the US Judicial Conference in 2006 to adopt a rule that put an end to all non-citation rules in the federal court system. Schmier believes that California's highest court refuses to follow suit because that would mean relinquishing the power that comes from deciding which cases become the law of the land.

    "The idea is that a small group of people (actually the chief justice and a few of his political supporters) will control California's operative precedent," Schmier told TheNewspaper. "The red light cases are but one example where one defendant will be treated differently from the rest because he had an attorney appeal the case. But we ask: What kind of police cites people, what kind of prosecutor prosecutes people, and what kind of judge convicts people, all the while knowing that its own appellate court has decided that the people are not to be charged?"
    Laser Interceptor Dual, Laser Interceptor Quad, Valentine 1 & The Escort 8500 X50 - Blue, Uniden BC296D, GRE500, Lasershield, 2011 Kia Soul +, Yamaha FZ6, 2005 Black Dodge Neon SRT-4,


  2. #2
    Experienced
    Join Date
    Jan 2008
    Location
    NorCal
    Posts
    235

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    Wow, just wow.

  3. #3
    Radar Fanatic
    Join Date
    Sep 2005
    Location
    On the Darknet (LEVEL 10 Telecommunicator) in Tucson, AZ
    Posts
    1,866

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    California loves to set precedent when it is a less than conservative ideal but let it be something that could damage the ability to gain $$$ from the public then all bets are off.

    Only in California...

    Again.

  4. #4
    Lead Foot
    Join Date
    Jul 2008
    Location
    Phoenix
    Posts
    445

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    California is so messed up, please hurry big bad earthquake.

  5. #5
    Street Lawyer
    Join Date
    Jul 2006
    Location
    719, Colorado
    Posts
    7,108

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    lol at a 1 word ruling, "Reversed" lmfao

  6. #6
    Professional
    Join Date
    Jul 2006
    Location
    Virginia, unfortunately
    Posts
    1,012

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    Quote Originally Posted by gpracer1 View Post
    California is so messed up, please hurry big bad earthquake.
    Too bad California won't fall off into the ocean during our lifetime........

  7. #7
    Yoda of Radar
    Join Date
    Jun 2005
    Location
    O'FALLON, MISSOURI
    Posts
    15,630

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    Quote Originally Posted by Asleeper View Post
    Quote Originally Posted by gpracer1 View Post
    California is so messed up, please hurry big bad earthquake.
    Too bad California won't fall off into the ocean during our lifetime........

    There are a few other states that it would be nice if they were detached from the USA.
    Laser Interceptor Dual, Laser Interceptor Quad, Valentine 1 & The Escort 8500 X50 - Blue, Uniden BC296D, GRE500, Lasershield, 2011 Kia Soul +, Yamaha FZ6, 2005 Black Dodge Neon SRT-4,


  8. #8
    Professional
    Join Date
    Jul 2006
    Location
    Virginia, unfortunately
    Posts
    1,012

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    Quote Originally Posted by StlouisX50 View Post
    Quote Originally Posted by Asleeper View Post
    Quote Originally Posted by gpracer1 View Post
    California is so messed up, please hurry big bad earthquake.
    Too bad California won't fall off into the ocean during our lifetime........

    There are a few other states that it would be nice if they were detached from the USA.

    Virginia comes to mind............

  9. #9
    Radar Fanatic
    Join Date
    Sep 2005
    Location
    On the Darknet (LEVEL 10 Telecommunicator) in Tucson, AZ
    Posts
    1,866

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    Quote Originally Posted by Asleeper View Post
    Quote Originally Posted by StlouisX50 View Post
    Quote Originally Posted by Asleeper View Post
    Quote Originally Posted by gpracer1 View Post
    California is so messed up, please hurry big bad earthquake.
    Too bad California won't fall off into the ocean during our lifetime........

    There are a few other states that it would be nice if they were detached from the USA.

    Virginia comes to mind............
    The CommunistWeath of Virginia.

    I am so happy i do not live in that state anymore. (They are probably glad I left too). I got to the point to where I felt that each action was more for the good of the government than that of the people. I used to belong to a Union that was much the same way. It spent more effort ($) on what it took to maintain a certain income rather than what good it was actually doing for it's members.

  10. #10
    Yoda of Radar
    Join Date
    Nov 2005
    Location
    NY
    Posts
    11,015

    Default Re: California Appellate Court Refuses to Publish Anti-Camera Decision

    Quote Originally Posted by StlouisX50 View Post
    Quote Originally Posted by Asleeper View Post
    Quote Originally Posted by gpracer1 View Post
    California is so messed up, please hurry big bad earthquake.
    Too bad California won't fall off into the ocean during our lifetime........

    There are a few other states that it would be nice if they were detached from the USA.

    x2...

    California is one of the most moronic states ever with many laws I see there, it seems the sun has gotten to everyone? Don't get me wrong all states and governments do dumb sh*t... it's just bureaucratic inertia at its finest... but d@mn California really goes that extra step to make fools of themselves.

 

 

Similar Threads

  1. Replies: 2
    Last Post: 06-07-2010, 01:40 PM
  2. Replies: 2
    Last Post: 03-13-2009, 12:24 PM
  3. Replies: 4
    Last Post: 02-04-2009, 12:48 AM
  4. Replies: 4
    Last Post: 01-22-2009, 09:07 AM
  5. Replies: 11
    Last Post: 01-16-2009, 08:38 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •