Most of the decision (the first 109 pages) is the "factual findings." This is crucial, and here's why. On appeal, Judge Walker's conclusions of law are basically irrelevant. Questions of law are decided fresh on appeal, and the trial court's thoughts on the law are entitled to no deference. On the other hand, only a trial court can make factual findings. A Court of Appeal must give great deference to the factual findings of the trial court, especially when those findings are based on the credibility of witness testimony. Judge Walker knows this. He knows that his primary role in this case is to weigh the credibility of the evidence that was presented at trial and apply the facts that were proven to the law. But the law-unlike the facts-ultimately will be decided by nine Justices at a higher pay grade. Consequently, we should be grateful to Judge Walker for carefully and diligently going through the facts of the case, creating a detailed and compelling record for the Court of Appeal and the Supreme Court.
| Videos | News Feed | Syndicate the Show | About |