Richard Alarcon Gets New Trial in CA Residency Case

The unananimous, unpublished Court of Appeal opinion is here. The basis for the reversal (for Alarcon and his wife) was instructional error: the court held that the use of a mandatory presumption impermissibly shifted the burden of proof from the prosecution to the defendants.

The government can now appeal further, try the Alarcons again, or drop the case.

UPDATE: Here is the LA Times story.

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