6DCA Oral Argument - 2026/05/07 Morning Session - May 07, 2026

argument

6DCA Oral Argument - 2026/05/07 Morning Session

California Sixth District Court of Appeal 1h 28m 1 speaker 3 chapters transcribed 10 days ago official recording ↗

▲ 0

Transcript

jump: chapters · speakers · find in transcript

Transcript

Transcript generated automatically by AI and may contain errors.

What procedural announcements and remote appearance rules does the court set at the start of the session?

Unknown 6:43

Design the justice, the honorable major. Associate Justice, the honorable Elison and Dennis, Associate Justice,

Ryan Colstead 6:49

the Honourable Daniel.

Unknown 6:57

Morning, please be seated. Welcome to the Sixth District Court of Appeal for oral argument this morning. We have argument both this morning and this afternoon. This morning we have four cases. Before we start I do want to uh make a couple of announcements for the benefit of those who are sitting In the gallery. Uh we are happy to provide the opportunity for remote appearances by counsel or parties who are arguing before the court, and this morning we do have um some appearances which will be remote. If you're sitting in the gallery, you'll be able to hear everything that takes place, but you won't see that uh the individuals involved. If you are at council table or for those of us who are up here on the bench for the justices, we're able to see and hear everything.

Unknown 7:43

If you want both the audio and the visual experience, you're welcome to step into the waiting room where you can both see and hear um all the persons who are appearing remotely. And almost immediately after oral argument they are all recorded um and we uh archive them on our website so there you would also get the visual experience as well as the audio experience. In addition, uh this morning uh we do have the benefit here on the bench of our own technology, our laptops and so forth. So if you see us looking off to the right, we have our briefs, the notes. that we've gathered uh the record, everything that we need is is up here so you might see us looking um to consult those materials. So give me just a moment to get myself situated and we will start the calendar.

Unknown 8:55

Our first matter on calendar is H O five one two one four the people, plaintiff and respondents for uh versus na um pardon me if this if I don't pronounce uh the name correctly here, Mayac Vulitek and I'm uh relying on counsel to correct my pronunciation if I'm not correct about this. Um Appearing for a pellet this morning remotely. Yes. Uh good morning, yours. May it please the court. I think it's Vuletic. Okay. But uh You know, uh you're that's my best guess. Um uh good morning. Uh I would like to reserve three minutes for rebuttal, please. Reserve, I'm sorry, three minutes? Yes, ma'am. All right, thank you very much, sir, and appearing for the Attorney General this morning remotely. Good morning,

Claudia Phillips 9:43

Your Honors. Uh Claudia Phillips for the respondent.

Unknown 9:46

All right, thank you very much. Council will go uh for appellate. We will return back to you and you may commence whenever you are ready, please. This um My client's appeal raises seven issues. Uh with the court's permission, I'm going to focus on The challenge to Kalcrim eleven ninety three and sort of the rel related issue of doc Doctor Carmichael's Колі в асесмент. the complaining witnesses testimony in this case was unlikely to be product of a suggestion. On the remaining issues, you know, I'll submit on the briefing but I'm happy to answer if the court has questions. All right, thank you. Okay, on the first issue, you know, obviously uh uh the court has spoken recently on Calcrim eleven ninety three.

Unknown 10:38

And Ramirez and Ortiz and I know that two members of this panel have been on Either of those cases, as is my friend on the opposing side, um I think the court should re examine um Бос кейси форсел резин. One I think we're in a slightly different posture in this case than we were in either Ramirez or Ortiz. Um because in this case The defense asked for Kalkrin eleven ninety three not to be given And they instead ask for A version of Cal Dick ten point six four to be given. And the version of counsel proposed does not have the language I think is the most problematic language in Calcareem eleven ninety three. Um and that's that the jury is being invited or told that it can use C S C S A S to evaluate the belvability of the complaining witnesses testimony.

Unknown 11:46

So the issue is definitely preserved. А вич возна де кейс ін айзер. Ramirez or Ortiz.