Quote:
Originally Posted by Alumiyum
What if the decision is overturned, couldn't he get off on an appeal? (I'm just interested in law and like asking questions. Drives my dad nuts.)
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This was the appeal. Despite what was in the blurb DS quoted ("a Superior Court in Ventura County, California"), this was a California Supreme Court decision. No one but the US Supreme Court can overturn them.
I've skimmed the decision (and the dissent), and my sense is that the California Supreme Court followed US Supreme Court precedent appropriately. The dissenters rely on how the SCOTUS decisions relied on by the majority could not have contemplated newer technologies, and this may indeed be one of those instances of the law needing to "catch up" with technology. But in the meantime, SCOTUS precedent is what it is, and it looks to me like the California Supreme Court properly followed it.
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