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In an unpublished opinion filed on February 8, 2012 in the California Third District Court of Appeals, Case Number C066679 written by Justice Robie, with Justice Blease; Acting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.