Added 10-3-12

2012 Appeal Case - People v. Winters

This case is an example of a "hearsay/confrontation" (Sixth Amendment) defense (see Defect # 10 - D on the Home page).

This case originated in the City of Victorville, and momentarily reached the District Court of Appeal (DCA).

  With the DCA's vacation of the transfer, the Appellate Division's published decision is final, and it can be cited as precedent in other cases. 

The general issue of which decisions get published, and which don't, is under study.  See nonpublication.com for more information.

Click on these links for the documents in the Winters appeal (chronological order):

12-28-11:  Clerk's Transcript on Appeal, part 1 of 2
Clerk's Transcript on Appeal, part 2 of 2
1-25-12:  Appellant's Opening Brief in Appellate Division of the Superior Court
6-28-12:  Appellate Division Decision
7-19-12:  McCalip's Request for Publication and App. for Extension of Time
7-27-12:  Certification for Publication and Notice to Higher Courts
9-17-12:  DCA Order to Transfer
9-18-12:  RedFlex Request for Depublication
1-18-13:  Appellant Files Motion to Vacate Transfer Order
1-31-13:  Court Grants Motion to Vacate Transfer and Case is Retransferred to Appellate Division

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