Date: March 25, 2016
WHO: The Orange County District Attorney’s Office (OCDA)
WHAT: Filed a formal reply today with the Court of Appeal, Fourth Appellate District, Division Three (DCA), challenging the ruling by the Honorable Richard M. King denying the OCDA from utilizing its right to file a peremptory challenge on People v. Rito Tejeda. The OCDA’s formal reply was written by Senior Deputy District Attorney Brian Fitzpatrick of the Appellate & Training Unit.
On Dec. 3, 2015, the Honorable Richard M. King issued an “Order Denying Motion to Disqualify Judge,” and ruled in five cases to deny the OCDA from utilizing its right to file a peremptory challenge under the California Code of Civil Procedures section 170.6. The five cases include People v. Jesus Montes and Ismael Zacaula (Case #12CF2292), People v. Rito Tejeda (case #14ZF0338), People v. George Galvan (case #12NF1681), People v. Thomas Wilhelm (case #12ZF0154), People v. Aleksandar Apostolovic (case #15ZF0002).
On Dec. 17, 2015, the OCDA filed five writ petitions with the DCA challenging the five rulings by Judge King. The Orange County Superior Court filed its response to those writ petitions by the Jan. 15, 2016, deadline.
On Jan. 22, 2016, the OCDA filed its reply with the DCA on the five writ petitions. The OCDA’s reply was written by Senior Deputy District Attorney Stephan Sauer of the Appellate & Training Unit.
WHERE: To read the formal reply filed today, please visit the OCDA website at www.orangegountyda.org and select “People v. Rito Tejeda Formal Reply,” in Reports under the Reports pull-down menu.