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View other events for the week of 3/19/2015
Appellate Hearing for Gary Johnson, Homeless Rights
Date Thursday March 19
Time 4:00 PM - 4:30 PM
Location Details
Santa Cruz County Superior Court
701 Ocean Street
Santa Cruz, Ca 95060
Event Type Court Date
Organizer/AuthorEd Frey
Emailedwinfrey [at] hotmail.com
Phone831-479-8911
This is the second Appellate Hearing for Gary Johnson, who got two years jail time for four nights sleeping in front of the courthouse. This time we will have three judges instead of two, after the Court of Appeal rejected the two-judge panel procedure. For further background go to FullSpectrumDemocracy.org. See esp. Appellant's Opening Brief.
Added to the calendar on Sunday Mar 15th, 2015 6:47 PM
§Higher Court Ruling in the Frey/Johnson Appeal
by Court of Appeals Thursday Mar 19th, 2015 11:41 AM
decision_in_johnson-frey_case_on_2_judge_panel.pdf_600_.jpg
Court decision that forced the court to hold this hearing.

Comments  (Hide Comments)

The Santa Cruz Appellate hearing for the PeaceCamp2011/12 case will probably be another rubber stamp session. Ed talks, judges yawn, appeal denied. Then, if history repeats, the same thing happens at the 6th District California Appellate. Then, if history repeats, that's as far as it goes (just like the abandoned PeaceCamp2010 case).

The 3rd District California Appellate recently issued a negative opinion in Allen v. Sacramento (a similar case). Unless the Supreme Court of California (or perhaps the 9th Circuit United States Court of Appeals) is approached, the status of Allen v. Sacramento (nor PeaceCamp201*) will not change, and 647(e) will stand as the go to bludgeon for California municipalities that persecute the homeless 'legally'.

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=3&doc_id=2021295&doc_no=C071710

The abuse of 'rule of law' has not gone unnoticed. A recent report, associated with UC Berkeley and WRAP, surveyed the use of 647(e) and other ordinances that criminalize existence.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2558944

Meanwhile, back at California's legislative branch; SB-608 is a less ego-laden attempt to 'fix' 647(e).

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB608

While it is likely that bigots will push hard to stop SB-608, if it were to succeed the result would be the same as the judicial branch goal of PeaceCamp2010 (while the unjust law 647(e) would not be struck down, it would be modified, and would also acknowledge a persecuted class). If it fails, well, at least the exhaustion of redress will be more comprehensive.
by Osha Neumann (posted by Norse)
Tuesday Mar 17th, 2015 7:02 AM
osha_neuman_647e_hate_man_challenge.pdf_600_.jpg
Attorney Osha Neumann in the "Hate Man" case has appealed the use of 647e to drive this long-time Berkeley activist out of People's Park during the day. According to Neumann, for the last decade or more, trial judges were throwing out the use of 647e locally in Berkeley--but a new judge is refusing to do so--hence the Writ.

Thanks to G. for the references.
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