Friday, March 24, 2017

Espinoza v. Shiomoto (Cal. Ct. App. - March 24, 2017)

Even when you think you're right, one downside of filing an appeal is that it may result in an opinion that's published and that tells the world the factual circumstances that gave rise to your appeal.

That's sometimes bad.  Even in the usual case.

If you're an attorney, it's often worse.  Since it's your colleagues who are the ones who generally read these opinions.

If you're a public defender, ditto.

And if you're a public defender who's been stopped for DUI, and who's appeal results in a 44-page published opinion that recites in detail the underlying facts about the (alleged) intoxicated driving and the driver's response to being stopped, well, that pretty much exemplifies the point.

That's a lesson that's definitely front and center to California attorney Bernice Espinoza at this point.