Thursday, January 30, 2014

Dews v. Superior Court (Cal. Ct. App. - Jan. 30, 2014)

Who says that law reviews don't matter at all anymore?!  Not the First Appellate District, that's for sure.  Which drops the following footnote in the middle of its opinion:

"Our analysis is informed by a recent law review article that comprehensively discussed Serna and concludes Bellante was wrongly decided: Maurer, Searching for Sense in Serna: The Sixth Amendment Right to a Speedy Trial in California Misdemeanor Cases (2012) 43 McGeorge L.Rev. 1093, 1118."

The Court of Appeal goes on to conclude that the law review article was exactly right, and for the reasons articulated therein:  Bellante was wrongly decided.

Let's hear it for the author of that article:  Abigail Maurer.  Who just graduated from law school a year or so ago and who's now working for the California OLC in Sacramento.

Well done, A.M.