It's a Justice Wiley opinion, which (as usual) you can tell from its particular style. When discussing whether the underlying error was harmless, there's a wonderful quote in the middle of the opinion:
"The question thus is whether there is a reasonable possibility the evidence complained of might have contributed to the conviction. (Chapman, supra, 386 U.S. at p. 23.) The answer is yes. If we subtract Hernandez’s hearsay testimony from the trial evidence, this leaves only one testifying eyewitness to the stabbing: victim Quinones. The prosecution described Quinones’s trial performance as “a bunch of crazy stuff.” [emphasis in original] . . . . We agree with the prosecution’s description. Quinones was too crazy a witness to be the sole foundation for a conviction for attempted murder. . . . [B]etween the methamphetamine and his continuously evolving contradictions, Quinones proved himself an impressively unreliable witness."
Wonderful.
P.S. - Speaking of Justice Wiley,d an informed reader tells me he's looking for a law clerk -- term or permanent -- to start in August. I'd attach the announcement if I could, but that's a task beyond my technological competence, so I'll just cut-and-paste the thing:
August 2020 judicial clerkship
opening
I need help deciding appeals and
crafting appellate opinions. I have an
opening for one judicial attorney, to start August 24, 2020 or thereabouts.
Our goals here at the California Court of Appeal are to achieve the
ideal of equal justice under law and to inspire the public with the excellence
of California’s appellate justice system.
The work is fulfilling, important, diverse, and fascinating: we encounter just about every imaginable human
conflict, in practically every legal setting.
Every case is a new story. You
would work with me directly, as well as with a small, supportive, friendly,
fun, talented, and non-hierarchical group of colleagues.
We used to work together in downtown Los Angeles. Nowadays we are all working from home in one
of the most quarantine-tolerant jobs ever.
Internally, we have a lot of video chats, phone calls, texts, and email
conversations. Externally, oral arguments
are strictly remote. Who knows when all
that will end?
You must have excellent academic and professional credentials. Actual or pending membership in the
California bar is required. We are
writers: you have got to love to
write. Judgment is vital. Terrific research skills are important. And you must enjoy puzzling through the law
to figure it out, because every new case brings fresh challenges.
I am open to lawyers who would like to clerk for a set term, preferably
two years, as well as to those considering a judicial attorney career. It is fine if you are entertaining both
possibilities and have not decided.
The more professional experience you have, the better.
Please send a cover letter, resume, references, law school grades, and
writing sample to Div8.J4@gmail.com. And
please spread the word, if you know someone who might be interested.
John Shepard Wiley Jr.
California Court of Appeal
Second District, Division Eight
https://www.courts.ca.gov/41621.htm
https://www.ali.org/members/member/191753/
