PEOPLE v. BONNETTA

No. A115732.

68 Cal.Rptr.3d 161 (2007)

156 Cal.App.4th 1315

The PEOPLE, Plaintiff and Appellant, v. Thomas BONNETTA et al., Defendants and Respondents.

Court of Appeal of California, First District, Division Two.

November 15, 2007.


Attorney(s) appearing for the Case

Robert J. Kochly, District Attorney, County of Contra Costa, Dana L. Filkowski, Deputy District Attorney, Greg W. Chambers, Deputy District Attorney for Plaintiff and Appellant.

Steve Condie, under appointment by the Court of Appeal Under the First District Appellate Project's Independent Case System, for Defendant and Respondent Thomas Bonnetta.

Violet Elizabeth Grayson, under appointment by the Court of Appeal Under the First District Appellate Project's Independent Case System, for Defendant and Respondent Michael Wilen.


RICHMAN, J.

More than a century ago, Justice Holmes wrote: "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past." (Holmes, The Path of the Law (1897) 10 Harv. L.Rev. 457, 469.) Although "revolting" may be too strong a word, and the history of...

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