Posted on May 27, 2012 by RW Gless Leave a comment 
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FORMER GOVERNOR ENDORSES McALISTER FOR JUDGE
Posted on May 24, 2012 by RW Gless Leave a comment George Deukmejian, the 35th governor ofCalifornia, has endorsed Courtney McAlister’s campaign for Yuba County Superior Court judge.
“McAlister will bring his real-world business legal experience, conservative legal philosophy and respect for victims’ rights to the Yuba County Superior Court,” said Deukmejian, who also served as the state’s attorney general from 1979 to 1983. “We can depend on him to be thoughtful and fair in his judicial proceedings.”
Throughout the campaign, at public appearances, on his website and in news releases, McAlister has stressed that a superior court judge is not at liberty to advance new interpretations of statutes or court rulings, but is bound by statutory language and court precedent.
“Everyone entering the courtroom – victims, witnesses, jurors, even accused and convicted criminals – deserves to be treated fairly and with respect,” he said. Being a superior court judge, he said, means taking the responsibility for decisions with a large impact on people’s lives, whether in criminal or civil cases.
“I am grateful to have Governor Deukmejian’s endorsement,” said McAlister. “He is a well-respected leader who has spent much of his life in public service.”
McAlister is one of three candidates running for the seat being vacated with the retirement of Judge Dennis Buckley. He is the son of former State Assemblyman Alister McAlister. After graduating from Brigham Young University in 1996, he attended McGeorge School of Law where he took appellate advocacy classes, graduated third in his class and first considered becoming a judge. Since law school, friends and colleagues have told McAlister he has the temperament and intellect to be a judge.
McAlister and his wife have raised their four children in the Yuba/Sutter region and enjoy serving the community, volunteering at their church, coaching high school sports and participating in civic events and political causes. For 12 years, he has served as an attorney, representing businesses in real estate, finance, construction, government relations and employment law, including work as general counsel for a large national company.
“I have enjoyed the private practice of law but look forward to an opportunity for important public service,” said McAlister. “I hope, above all, the most defining characteristic of my status as a lawyer and hopefully, a judge, is my integrity. Treating others fairly and honestly must be the hallmark of any successful lawyer or judge.”
For more information on Courtney McAlister and his campaign for Yuba County Superior Court judge, visit http://www.mcalisterforjudge.com/.

Dyson was back in court on May 21

By: Sam Pierce

Tyrone Laurence Dyson was back in Yuba County Superior Court on Monday facing 2 additional charges of, rape by force/fear and criminal threats.

Dyson was originally indicted on charges of assault with a deadly weapon /great bodily injury: not a firearm, assault w/firearm on a person, corporal injury: spouse/ cohabitant, false imprisonment (kidnapping) and penetration with a foreign object.

The pretrial hearing is set for June 18, with the Jury trial set for jury selection on July 17, 2012.

If convicted Dyson will be facing 25 to life.

 Yuba County Superior Court: CRF12-209

Judicial Elections 2012

By Sam Pierce

This year for the first time in nearly 20 years the citizens, taxpayers and voters in Yuba and Sutter Counties actually get to vote for two opening judicial seats.

When a sitting Judge resigns or retires for whatever reason the Judicial Council of California vent the candidates and then recommends a short list of qualified candidates to the Governor for approval and appointment to the bench.

This June 5^th the voters in Yuba County get to choose between three candidates to fill the vacancy that will be made when Judge Dennis Buckley leaves office. The candidates are:

1.      Benjamin Wirtschafter

2.      Julius Engel

3.      Courtney McCalister

In Sutter County voters will have to choose from 9 candidates to fill the vacancy that will be left by Judge Ted Hansen leaving office.

1.      Al J.Carrian

2.      Nancy A. Southworth

3.      Richard Stout

4.      Michael J. Sullinger

5.      Jud Waggoman

6.      Sarah Heckman

7.      John Edwards

8.      Mike Johnston

9.      Michael Trezza

    

How not to get an unusual case finding in court

By Sam Pierce

On April 16, 2012 Charles Edward Reimers was in Judge Julia Scrogin’s Courtroom expecting to be given an unusual Case Finding and the reinstatement on probation in his violation of probation sentencing hearing.

Reimers plead guilty to the violation penal code section 273.5 “corporal injury on a spouse / cohabitant” in September 2011 to a grant of three years felony probation with a four year prison sentence suspended.

The victim in this case asked the court to cause the criminal restraining order to be lifted The restraining order was terminated.

After review of the probation report which outlined Reimers criminal history the Judge said that his refusal to recognize authority did not qualify him for an unusual case finding.

The probation report outlined the following refusals to recognize authority dating back to 1988.

Ø  1988 contempt of court

Ø  1991 contempt of court

Ø  1999 conviction for P.C. 459

Ø  7 violations of parole after release from custody on the 459

Ø  Numerous arrests for fighting and being drunk in public

Ø  Failure to report to the probation officer after the 2011 plea

Ø  Failure to report to the county Jail for a 90 day sentence

Judge Scrogins imposed the upper term of 4 year in state prison.

Mercer on Supervised Release

By Sam Pierce

Timothy Mercer was returned to Yuba County Jail via D.V.I. State Prison on May 1, 2012.

A hearing was scheduled for 3:00 P.M. on May 2, 2012. After Mercer rejected the first plea offered by Melanie Bendorf of the District Attorney’s office, Mercer was returned to his jail cell and the public was dismissed from the courtroom. He was called back to the courtroom for three more offers Mercer finally accepted the third offer.

This offer had Mercer pleading to a 273(a)(a) child endangerment , being sentenced to time served after spending 2 years in state prison on an eight year sentence and ordered immediately released from custody under supervised release for six months, he was ordered to report to the Marysville parole office upon release from county jail.  

This plea also got Mercer away from the requirement of registration under Penal Code 290, as sexual predator.

Mercer was released at 1:30 am Saturday morning May 5, 2012.

The convicted sex offender Timothy Mercer is a free man today and under the supervision of the California Department of Corrections and Rehabilitation, Parole Department. Mr. Mercer met with State parole agents in Marysville California for over three hours as details were worked out on the conditions of Mercer’s so called supervised release.

At the time of his meeting Mr. Mercer Stated that California Department of Corrections and Rehabilitation had Mr. Mercer listed as a Violent Sexual Predator Escapee because the paperwork had not been processed.  

Timothy Mercer CRF-09-281 Yuba County Superior Court

THE APPEALS SYSTEM IN CALIFORNIA CAN WORK

By: Sam Pierce, with contributions from Jason Littlepage of the Littlepage Review

In an unpublished opinion filed on February 8, 2012 in the California Third District Court of Appeals, Case Number C066679 written by Justice Robie, with Justice Blease; Acting Presiding Justice and Justice Hock concurring. Reversed the September 2010, conviction and ordered a new trial of Timothy B. Mercer, in Yuba County Superior Court Case Number CRF09-281 on the charges of “lewd and lascivious act on a child under the age of fourteen”, citing Judicial error.

Mercer was accused of sexual misconduct with a foster child that led to his criminal charges and subsequent conviction. Key elements of his deference including a defense expert and a videotaped interview of the alleged victim with police were disallowed as evidence in the cases. The defense contends that if the Jury was permitted by Judge Kathleen O’ Connor to hear and see that evidence, the Jury may have come to a more favorable conclusion for the defense; The Applet Court Agreed.

When asked for comment Yuba County Superior Court Judge, Kathleen O’Connor declined comment.

In a brief interview with Yuba County D.A. Patrick McGrafth stated that his office will pursue, with all due diligence in refilling and the prosecution of Timothy Mercer if the Third District ruling should be upheld by the State Supreme Court.

In a brief interview with Chad Couchet’s of the Yuba County’s Public Defenders Office, Chad expressed his reestablished belief that the California Judicial Appeals process does work, as long the defense litigiously mounts a competent defense.

As of this posting the State Attorney General’s office has not filed a petition for Rehearing, however, they have until April 16, to file the petition.

Timothy Mercer has been incarcerated since 2008 and now has a chance at a new trial. What will come?

For more information on the Timothy Mercer case go the following website archives http://notabletrials.blogspot.com/  for the weeks of 9-13 and 9-5, 2010.