People v. Brewer

NICHOLSON, Acting P. J.,

Concurring and Dissenting. — I concur in the majority’s conclusion that the permanent injunction must be dissolved. I also concur in the majority’s conclusion that the superior court’s attempt to modify the permanent injunction after the notice of appeal was filed is void. I respectfully dissent, however, as to what is to be done on remand. In my opinion, the law does not allow the superior court to craft a new permanent injunction, but instead requires the court to decide each defendant’s petition for writ of habeas corpus on its own unique facts.

I

Due Process Rights…