Redwood City attorney Paul Carroll has a good issue that might get him in front of the California Supreme Court. But the way he’s presenting it probably won’t win him any friends at the Third District Court of Appeal.
Carroll’s Nov. 6 petition in People v. Wooten, S206473, points out that the Third District’s opinion in the case sets up a direct conflict with a 2001 opinion from the First District. So far, so good.
But, Carroll continues, the court’s discussion of the case is “with respect, wildly inaccurate. Indeed, it is so confused that we believe there has been some sort of inadvertent error.”
That may not sit well with Third District Justice Andrea Hoch, the author of Wooten -- especially given that Carroll did not petition for rehearing at the Third District before going to the state’s high court.
Carroll said Wednesday that he had not discovered the error until after the time to petition for rehearing, and “I should have.” But he had no regrets about his critique, saying the law clerk or judge who drafted the opinion “made an incredible error.”