The Traynor 2020 Problem

 

This year’s case involves the legality of money bail, a long-established practice in California that is now being challenged in many courts. 

Peter Prescott has been charged with criminal offenses and is awaiting a trial. The prosecution asserts that he aided and abetted a companion who was the direct perpetrator of the charged offenses. Prescott’s request for bail was denied by the trial court and he remains incarcerated pending a trial. The reporter’s transcript of the bail motion that was held in the Superior Court of San Simeon is now available below. As you can see from the trial court’s ruling, that court denied Prescott’s motion. 

The case is now pending in the Court of Appeal for the Seventh Appellate District. The issues to be addressed in this proceeding are identified in the Court of Appeal’s order, filed December 9, 2019.

Competitors are advised they may not review or cite any unpublished decisions, de-published decisions, or decisions of the Court of Appeal in any case currently pending before the California Supreme Court. The record is drawn from a real case. Any attempt by any person, directly or indirectly, to contact the attorneys or the parties, to examine the case file (including any decisions and opinions) or briefs on which the problem is based is prohibited and will result in disqualification of the entire team.

The Record  

Please note that while we have changed the parties' names, we have kept the typographical errors, ambiguities, missing pages, etc., as you are likely to confront such issues in your practices.  If you have questions about the Record, please contact the administrator at info@traynormootcourt.orgWe have done our best to preserve the authenticity of the original record so that you are working with documents that have the same appearance.

Jan. 17, 2020 update

Feb. 6, 2020 update: please note 

Competitors are reminded that the record does not include a statement by appellant telling Foley to “go in the house.” Such a statement is not relevant to any claim raised in this appeal.