Tuesday, September 13, 2011

People v. Burns (Cal. Ct. App. - Sept. 13, 2011)

Here's today's amendment to an opinion the Court of Appeal issued last month:

"In a petition for rehearing, the Attorney General scolds this court for questioning the continued vitality of Ford and lectures us that we are bound by Ford because it has not been, in the Attorney General's words, 'clearly superseded.'   This diatribe fails to recognize that we distinguish Ford; we do not refuse to follow it. Furthermore, we may be bound, but we are not gagged."

"Scolds," "lectures" and "gagged," eh?  Tell us what you really think.  :-)