In less than 24 hours, Ms. Timm had the most recent case law and a response prepared to a last minute motion

Judge Christopher Wilson was in Courtroom 5 until after 10 a.m. and so convicted sexual batterer Ralph Horn's probable cause hearing in Courtroom 3  continued to this morning started late.

The hearing is to declare Horn a sexually violent predator. Deputy Public Defender Owen Tipps objected last minute and handed the Court and Ms. Timm a motion in court yesterday. That led to one delay and now another because Mr.Tipps wants to argue and place objection to case law both Deputy District Attorney Whitney Timm and Judge Christopher Wilson researched.

When it comes to case law, Ms. Timm is well prepared, does her research and Mr. Tipps will find out just like Public Defender Marek Reavis in the Mark Dare case, she is a formidable opponent. From Judge Wilson's remarks today, she will prevail on the admissibility of the evaluations.

Judge Christopher Wilson started out by mentioning Walker vs Superior Court of San Francisco, a case from the First District "that came out last Tuesday."

Judge Wilson said  this was a new opinion from the First District and different from the 2019 Couthren case "that Mr. Tipps and Mr.Horn rely upon."

Ms. Timm did include the Walker case in her response as well as other case law.

"The Walker case as the Court stated explicitly states these evaluations are admissible," said Ms. Timm. She nentioned Parker, an apellate case and Cooley, a California Supreme Court decision. Ms. Timm also mentioned the exemption to the Welfare and Institutions Code that applies to this hearing.

"My motion says how Sanchez doesn't overrule Parker and Cooley and mentions how the Couthren case "got it wrong."

Ms. Timm pointed out that when "Mr. Tipps and I met with Judge Cockrum, I asked if Mr. Tipps planned to cross examine" the doctors and "he said no. Yesterday, he hands me this motion."

She said Dr. Cole was available to testify next week. She had not heard back from Dr. Parecki.

"I tend to agree with Walker," said Judge Wilson. "SVP procedings are of an odd nature. 1602 allows the court; the statute requires the Court to consider these evaluations." Judge Wilson said Parker and Cooley lay out the procedures.

Judge Wilson said the procedural protection for Horn was that Melinda S, the social worker, and the doctors be available for cross examination.

Judge Wilson said with Walker,"we have a split decision in the First District."

So instead of wasting more time, why didn't Mr. Tipps agree yesterday and again, when asked today to cross examine the doctors and mention he is waiting to hear from a potential expert.

Mr. Tipps said he became aware of the Walker decision yesterday and he requested time to file a written response which he has to do by July 15. The Walker decision was out last Tuesday. Mr. Tipps handed out in court what Judge Wilson described as a "Sanchez motion" yesterday.

On July 17, Judge Wilson will rule on the admissibility of the psychological evaluations.

If you did not read yesterday's post, it is linked below. If you have not been following the case, there are previous links and coverage,you can access via the search feature.

Yesterday's post:
https://johnchiv.blogspot.com/2020/07/the-motion-in-limine-is-basically.html?m=1