Another Glitch in the Diane Whipple Case – New Judge To Re-Hear Case

Last year, the California Supreme Court ordered the Superior Court (California’s trial court) to re-think its decision to order a re-trial for Marjorie Knoller on her conviction of second degree murder in the famous San Francisco dog mauling case. (For details, see The Diane Whipple Case.)

This week, the presiding judge of San Francisco Superior Court halted an effort to bring back retired Judge James Warren, who presided over the infamous dog-mauling case. The glitch has something to do with the fact that Warren (the grandson of Earl Warren, former governor of California and former Chief Justice of the US Supreme Court) is now a professional mediator with JAMS. As Warren himself puts it, “my JAMS clients come first.” (Click here to read the article.)

A new judge will have to hear the case if Warren cannot. Already this is raising eyebrows because Warren, as the trial judge, is the most suitable bench officer to re-evaluate the new trial motion. Knoller will have yet another ground for appeal if a different judge arrives at a decision contrary to Warren’s in 2001.