Represented by Attorney, Mr. John O. Lanahan University of Chicago Law School, Phi Beta Kappa, past President of the San Diego
Criminal Defenders Association,
San Diego Criminal Defense
Attorney of the Year (2012, 2016)), Mr. Lanahan makes the following
direct claims against Communist
Deputy District Attorney Mr.
Leonard Nyugen of the San
Diego County District Attorney’s Office (also Defendant in 9th Cir., 18-56202, Davis v. SDDA et. al.) in
4th Dist., Div. 1, case no.: D074186:
​
"Instead of agreeing to a release [(April 23, 2018), R. 137.)] on an increased bail to insure Mr. Davis appeared for sentencing, the prosecutor agreed, and the trial court allowed him to be released O/R if he pleaded guilty. The effect of such a bargain was to condition his release solely upon guilty plea, unrelated to the reasons why his bail had been revoked. It was intended to coerce him to plead
guilty so he could get out of jail, and it succeeded.” (D074186 Reply Brief)
D074186
Opening Brief
Defendant-Appellant Davis' Opening Brief
D074186
Davis' Notes to Counsel re: Rehearing
.
D074186
Answering Brief
Plaintiff-Appellee CA AG Answering Brief to Opening Brief
Davis' 4-23-18 Plea Rider
Provided to Attorney Mr. Jan E. Ronis, but not presented on such day to the court
D074186
Reply Brief
Defendant-Appellant Davis' Reply Brief to Answering Brief
Davis FAX to SDDA re Withdraw of Plea
.
D074186
Rehearing Petition
Defendant-Appellant Davis' September 5, 2019 Petition for Rehearing
(all carry a 1% statistical probability of being reviewed)
Certificate of Probable Cause
Davis, moving Pro Per as a Self-Litigant, becomes the first self-ligitant in CA to obtain a Certificate of Probable Cause finding Grounds for Appeal pursuant to CA PC sec 1237.5
"Unlike the bargaining allowed during plea negotiations, where the prosecutor can make a more favorable offer, recommend a lower sentence, or dismiss or not
file more serious charges in exchange for a plea of guilty, in this case the only thing that caused Mr. Davis to plead guilty was not a different offer, or reduced charges even, but this freedom. His release O/R was conclusive proof that his
decision to plead guilty was on the promise that he would regain his liberty if he did so.” (D074186 Reply Brief)