6DCA Oral Argument - 2025/11/20 Morning Session - Nov 20, 2025

argument

6DCA Oral Argument - 2025/11/20 Morning Session

California Sixth District Court of Appeal 2h 44m 8 chapters transcribed 8 days ago official recording ↗

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Transcript generated automatically by AI and may contain errors.

What does the court announce at the beginning of the oral argument session?

Unknown 0:35

No care about that.

Unknown 0:57

You wish that I'm like four or two.

Edward Maylor 1:33

So you read it over and you know, and then you make it to you know more lucky with it. You can't you kind of you know, watching a read lower your action which I don't like it every And email number

Unknown 1:47

taste of it.

Edward Maylor 2:36

No.

Unknown 2:41

Yeah, we try to really they're really cracking all

Edward Maylor 2:46

the time. Well, you have other cases where it also reached the conclusion that you've got a fan of bench here.

Unknown 3:13

One is it going to be the other one?

Edward Maylor 3:26

We got a kind of venture though. Even though even though you know you know it is trying to or even though it was

Edward Maylor 3:43

So when I guess assessed how the fair is compared off with that.

Edward Maylor 4:54

Yeah.

Unknown 4:58

I don't I don't know how to feel that way.

Unknown 5:05

Somebody one of you.

Edward Maylor 5:13

Um I'll be honest, I'm telling you that I'll tell you the field that I'm gonna

Joseph Doyle 5:17

cover.

Unknown 5:18

Yeah.

Unknown 5:42

Yeah, no, okay, really. Yeah.

Unknown 7:27

Yeah, you know what I'm talking about. Yeah.

Unknown 8:07

Okay.

Stephen Shore 8:11

I mean yeah. Yeah, yeah, yeah.

Edward Maylor 11:19

Yeah, this one this was dingy.

Unknown 12:25

Oh we Yeah, okay.

Edward Maylor 12:30

I could probably get that off the table, can I?

Unknown 14:04

All right, the Court of Appeal for the 6th FL District is now in session. Presiding Justice the Honorable Barry Drake moving with Associate Justice the Honorable Adrian M. Grover and Associate Justice the Honorable Cynthia C. Lee. Thank you. Please be seated. Welcome to the sixth district court of appeal for oral argument on this rainy Thursday morning we have Uh four matters on calendar there will be a panel change. Um after the Um second case. Um and let me just make another um a couple of announcements as we start here. Um It's our pleasure to be able to uh provide the opportunity for remote uh appearances for counsel and self-represented litigants who request it. For those of you, however, who are sitting in the audience, you will be able to hear everything that's happening, but you won't be able to see.

Unknown 14:59

We don't have a screen for you. If you want to be able to have both experiences, both the audio and visual visual, you can step into the waiting room where we have a live stream. We also um archive the oral argument uh almost immediately after OA and so you'd be able to access any oral argument in that way. Um secondly, um uh also speaking of technology, the justices have our laptops here on the bench. So if you see us looking to the right, we have the briefs, the record, our own notes, everything that we could possibly need. So that's what's happening there. All right, with that, we will start with the first case on calendar. H. O five one five four five, the People Plaintiff and Respondent versus Kenneth Kirk Clamp.

Unknown 15:42

Defendant and appellant. Appearing for a pellet remotely this morning.

Michelle Peterson 15:47

Uh yes, Justice Greenwood, good morning. Michelle Peterson, um appearing remotely for appellant Kenneth Clamp.

Unknown 15:53

All right. And your time estimate, Ms. Peterson, is twelve minutes to start and three for rebuttal, am I right?

Michelle Peterson 15:59

Yes, Your Honor.

Unknown 15:59

All right, thank you. And then appearing uh for the Attorney General's office.

Alicia Carlisle 16:03

Hello, Alicia Car Alicia Carlisle on behalf of respondents. No? Are you trying to get it in all right.

Unknown 16:12

Alicia Carlisle 16:12

our

Unknown 16:12

time estimate is ten minutes. Thank you. All right, thank you very much. Let's turn to Ms. Peterson and uh you may commence.

Michelle Peterson 16:21

Thank you, Justice Greenwood, and may it please the court. Um I appreciate the court's focus letter because it helped me focus. Um, but if I could make a small correction in question number one, uh for this appeal, we do not assert that the victim died by the time Mr. Clamp arrived at the House, because that would be taking on a burden that the law does not ascribe to us. Now it's true that as our briefing discussed, we agree with the prosecutor. Argument that the victim's head was smashed while it was on the garage floor because the blood and the tissue and the hair couldn't go flying onto and stick to the underside of the scooter any other way. And the prosecutor's argument about Kristen's testimony about the blood being consistent with the victim's head being bloodied into a pool and then being dragged, we agreed with that.

Michelle Peterson 17:11

We also argued it's illogical as well as Unsupported by evidence to theorize that Scuba and the second person so badly smashed a major drug dealer's head on the ground but then left him alive to take revenge.