5DCA Oral Argument - 2025/10/22 - Oct 22, 2025
argument5DCA Oral Argument - 2025/10/22
California Fifth District Court of Appeal
6h 13m
8 chapters
transcribed 1 day ago
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What sentencing issues does the People v Prior case raise?
Mm-hmm.
Well
Well
Mm-hmm.
Well
Oh
Mm.
We'll call our first case, uh people versus uh prior, our case number eight eight two three zero. If I could have the appearances of uh counsel.
Uh good morning, Your Honor. It's uh Aaron Scheckter for these hours.
Morning.
Morning. Um Jessica Gonzalez for respondent.
Good morning. Uh Mr. Schecker, you've asked for fifteen minutes, uh is that correct?
Uh yes, very
would you like to reserve some time for rebuttal?
Uh
by
this week.
Very good. And Ms. Gonzalez, you requested ten minutes.
Correct, Your Honor.
Very good. Um just for the benefit of the parties, the courts um very familiar with the record in this case and the papers that you filed, so with that in mind, um, Mr. Schechter, you can proceed.
Uh thank you, Your Honor. Um I wanted to focus on the sentencing issues in the case. Uh I first wanted to start um off of the uh aggravating factors error issue, which is issues three. Uh so people can uh can speed servers of um uh violation of the rights to jury trial under uh under lynch. Uh we issue and um on this the only few issue here is I just um should of course that's brief. Um I just um today filed a additional authority letter on uh It seems that in time, but I just buy um basically kind of making making clear what why they already make clear basically is that So that these cases these cases the standard is really that any we we have to be certain that every single juror would agree that that an aggravatic factor is true and unless we can be clear that every single juror would agree.
If there's any dispute, um then scrutiny is necessary. And um Judge um Justice Wiley in the right case. Um he he says that we can't we can't predict with confidence exactly how a juror would uh exactly how a jury would size up actual issue of the defendant's criminal history. And he says he says that um some jurors would obviously find um the robberies were a new a numerous number of convictions, but we're in sh we're unsure twelve people unanimously agree with that evaluation beyond a reasonable doubt. And I mean every case is factually different, but I think the I think the principle there uh very much applies here and widely recognizes um the Free Court widely recognizes it too. Um I'm just frankly surprised in the case that
People didn't concede prejudice. Um you've got very minimal amounts of taking in a lot of these robberies. And for the for the people who condemned it, every single juror beyond bringing a legal reasonable doubt would have found would have found the great monetary value at these robberies. I don't I just don't see how the people incredibly exempt after Wiley. I I I believe the the people the respondents prefiled before Wiley um issued, so I'll give I'll give the people the out of the doubt on on that. I don't know if there's prepared conceived at this point, but like I mean these I mean even the trial the trial just even self-realized here does does it like if you have Elon Musk these amounts are minimal if you have somebody else a lot of money and there's nothing preventing Elon Musk from serving on a jury and there's no way this court can be certain that um all twelve jurors would have found these amounts to be uh great monetary value um things
And it's I don't wanna belabor the points in the in uh in the briefing, um but I think the same thing applies to the great violence and great bodily harm factor or these are I mean, I think I I think Wiley and the subsequent um case right with just cited the new authority letter. Okay. Right with I think all these just need to just make clear that um Either very subjective factors and for the entail report uh to be able to say with certainty that no juror would have found Wouldn't disagree on any disaggregate factors, but I don't I don't I just don't see that here. Um I believe um I also I wanted to say not before I had any questions, I wanted to move on to uh the other expensive issue, uh which is the QN issue, issue four.
I think it's all if there's questions on issue three.
Uh there are no questions.
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Chapters
8 chapters
1
What sentencing issues does the People v Prior case raise?
1:35–32:27
2
How does the court evaluate the video evidence in the People v Prior argument?
32:27–46:56
3
Why does the People v Prior brief focus on the common‑carrier duty versus breach debate?
46:56–1:01:23
4
What arguments are made in the Augustine v Golden Empire Transit case about duty to warn?
1:01:23–1:19:26
5
How does the Shalley v Bogner appeal address probable cause for malicious prosecution?
1:19:26–1:33:45
6
What role does the delayed disclosure of the cell‑phone video play in the prosecution’s case?
1:33:45–1:46:31
7
How do the parties argue about prejudice and admissibility of the edited video?
1:46:31–2:00:34
8
What are the final conclusions and orders the panel issues at the end of the session?
2:00:34–6:04:40