5DCA Oral Argument - 2026/09/16 - Sep 16, 2026
argument5DCA Oral Argument - 2026/09/16
California Fifth District Court of Appeal
1h 36m
8 chapters
transcribed 2 days ago
official recording ↗
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What issues does the court address at the start of the oral argument?
Good morning, please be seated.
Uh-huh. And good morning again and welcome to everyone to the Fifth District Court of Appeal. And the first case on calendar this morning. is one that I'm going to apologize in advance if I mispronounce this name and I would Love to be corrected. Mm. The first case is our case number F zero nine zero three eighty three people versus Osman. Makama Dai Daive. And again, my apologies. If council would please state their appearances.
Ralph Nawabi. Or appellants, Mr. Mohammedu.
Thank you.
Uh John Merritt appearing on behalf of the Attorney General, Your Honor.
All right. Good morning to you. Mister Nwobi, you requested Fifteen minutes, I believe, is that correct? Yes, sir. And would you like to reserve any of that time for rebuttal?
Yes, you are.
How much? Two minutes, all right. We'll try to help you keep track of that, but you also are able to see The time I'll try to give you a heads up. And Mr. Merritt, you've requested five minutes?
Yes, Your Honor, that's correct.
All right. Thank you very much. We'd ask that you bear in mind during your arguments that we're very familiar with the facts and circumstances of your case. And we're very familiar with your briefing. And with that, uh Mr. Noby, you may proceed.
Good morning, your honours. May you please the court. Um Part of the What uh I wanted to talk about in this uh appeal is actually what the honor came in with and uh the apologies for getting the pronunciation of the name. My client's name is Osman Mohamedev and I appreciate the fact that you uh explained that you have problems pronouncing it. And that was what happened in the uh trial, in the trial court. The judge actually over probably uh more than I would say five times kept mispronouncing the client's name. And that I uh submit is the authorization of a person. What is in a name is part of the issue here because when that kept on happening. The jury, the members of the of the jurors, I saw their faces, we could all feel it.
They were looking at him as the other. And that's a problem here. What is in the name? That's part of the question here. This was actually something that was pondered in Shakespeare. Romeo Angulet. And it's a question today. It aut authorizes the other person and alienates the jury. And that actually contributed to making him not to have a fair trial.
Council?
Yes.
You raised several issues in your brief. That was not one of them.
Yes, I I'm still gonna go into the issues that were raised in the uh brief but um because well when we uh write when I read the brief, um There were a lot of issues that were supposed to come in, but it it kept on being returned. And uh I didn't put that. The main issue really. Your Honor is the alienation of the jury and that contributed to my client not having Uh uh a fair trial and all these things were happening cumulatively. Another issue that uh came on that should be in the brief is the removal of crucial DNA evidence that the trial judge actually kept on during the trial, kept on taking us into the chambers to say that it was not gonna come in. The DNA of another person in the accuser's body, DNA, crucial information, and we couldn't bring that in.
So if that was not brought in, there was no way that my client could have gotten a fair trial because the jury was only faced with the DNA of one person, but there was another person.
Can Mr. Nobi uh Are you familiar with the requirements for presenting a claim on appeal?
Yes, you know, I know that it's supposed to f generally follow. What happened in the trial?
Um specifically, are you aware that you're required to provide factual support for each of your claims on appeal? And that's supposed to be with citations to a record that is adequate enough for a meaningful appellate review.
Yes, yes, you know, uh but that's also part of the problem in this case because the well you
have Six claims that you've presented to this court. And they are described in six pages. Ен асту ічого клімс. You've indicated in one form or another. That you have not provided any factual support.
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Chapters
8 chapters
1
What issues does the court address at the start of the oral argument?
0:00–8:25
2
How does counsel Nobabi describe the alleged mispronunciation of the defendant’s name and its impact on the trial?
8:25–20:36
3
What arguments does the appellant raise about the alleged denial of a fair trial and jury alienation?
20:36–34:13
4
How does the appellant argue that the trial court erred on the admissibility of DNA evidence?
34:13–45:37
5
What is the appellant’s position on the Colgate doctrine and its application to the case?
45:37–1:00:27
6
How does counsel Renner explain the competitive landscape of the Central Valley cannabis market?
1:00:27–1:18:15
7
What procedural challenges does the appellant raise regarding the burden‑shifting framework and arbitration agreement?
1:18:15–1:29:47
8
How does the court conclude the oral arguments and set the next steps for the appeal?
1:29:47–1:35:45