Judge won’t allow Dan De Vaul’s appeal
November 18, 2009
Superior 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.