At the last court hearing, Ray Christie's attorney, John Cogorno had indicated that Humboldt Superior Court Judge Christopher Wilson's ruling would be appealed via writ to the First District Court of Appeal.
Double jeopardy, fundamental fairness, due process, 5th and 14th amendment are all mentioned in the lengthy writ. Ms. Lynne Marie Patterson is also listed as attorney for Christie in this appeal.
The writ was filed on 3/29/21. An immediate stay of the pretrial, trial confirmation and jury trial is requested.
The jury was hopelessly deadlocked on the felony counts and some of the misdemeanor counts.
4/28/21: Petition summarily denied by order.
"The petition for writ of mandate or other appropriate relief and accompanying request for stay are denied. (Pen. Code, § 1089 ["If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her duty, . . . the court may order the juror to be discharged and draw the name of an alternate . . . ."]; People v. Peterson (2020) 10 Cal.5th 409, 472-473 [trial court's decision to discharge juror reviewed for abuse of discretion, giving deference to trial court's credibility determinations]; People v. Hernandez (2003) 30 Cal.4th 1, 9 ["[A]n alternate juror, even if improperly seated, is part of the same jury chosen by the defendant, so that he is not subjected to two different juries and double jeopardy is inapplicable."]; People v. Green (1995) 31 Cal.App.4th 1001, 1009 ["[T]he oral declaration of the jurors, not the submission of the written verdict forms, constitutes the return of the verdict."].) Before: Humes, P.J., Margulies, J., and Sanchez
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