Judge won’t allow Dan De Vaul’s appeal

November 18, 2009

Dan De VaulSuperior Court Judge Michael Duffy disagreed with Dan De Vaul’s lawyers’ arguments that misconduct by Judge John Trice had tainted the jury. Due to Trice’s fear of something becoming public, the attorneys remain under a gag order and are not permitted to say whether or not they plan to appeal. [Tribune]

Trice’s highly unusual gag order has the honor of being the first ever issued in San Luis Obispo County regarding a misdemeanor case.

Court room observers were somewhat surprised that it appeared Duffy had written his decision before hearing arguments. After oral arguments, Duffy immediately began reading from a previously prepared statement.

De Vaul is scheduled to be sentenced by Judge Trice Monday morning at 8:30. De Vaul supporters are calling for a rally in front of the court house (corner of Palm and Santa Rosa) at 8 a.m. on Monday.

De Vaul will have thirty days after sentencing in which to file an appeal.


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15 Comments

  1. rogerfreberg says:

    Oh poor cheseburger and sansimeonsam,

    This may sound too ‘threatening’ for you gentle peaceful souls … but, please tell us who you are? Inquiring minds want to know. BTW, if you start going around and want to stand toe to toe with someone on message boards, you should use your real name, people may not like you, but they’ll give you a lot more respect. You might even feel real manly for being just a teensie bit brave.

    Funny, I loved it when you wrote:

    “I am not Dan and i am not frightened of you but i am forwarding your threats to the SLO police and ask for an investigation.”

    Well, I guess if a complaint was filed then you had to leave your name?

    In any event, Monday will be here soon enough.

    (1) 1 Total Votes - 1 up - 0 down
  2. SanSimeonSam says:

    thank you for your kind remarks. The major issue here is that the county needs a citizens review board with some official clout to determine if “wheres theres smoke theres fire ” applies here in SLO.
    In the meantime, roger seems to be stalking me on this site. i commented in the pardon our dust section on the bugs in the new format and there was roger threatening me again. Oh well that too shall pass.

    (-1) 1 Total Votes - 0 up - 1 down
  3. cheseburger says:

    Roger who made you god?,”reflect on how to become a good human being,”.

    (-3) 3 Total Votes - 0 up - 3 down

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