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People v. Bonnetta (Cal. Ct. App. - Nov. 15, 2007)

By Shaun Martin

A lazy day for the Ninth Circuit and the California Court of Appeal today. Nothing at all from the latter -- it's Lincoln's Birthday, after all. And, from the Ninth Circuit, only this single sentence, in which the panel affirms for the reasons already expressed in the district court's published opinion.

So I figured I'd go back and briefly mention a very good opinion which I didn't have the opportunity to discuss late last year. Which is a classic example of a judge being bound by precedent and not being very happy about it.

When that happens, you can't do any better than Justice Richmann does here. It's a wonderful, wonderful opinion. Exactly what you want to say in this setting. "Yes, I'm doing what I need to do. But, really. This is a silly rule. And the California Supreme Court and/or Legislature should definitely change it."

Definitely take a look at this one the next time you're obliged, as a court, to do something that doesn't make any sense. This is the perfect way to do it and yet redeem yourself. As well as to serve the public interest.

It's extremely well done.

Full post as published by California Appellate Report on February 12, 2008 (boomark / email).