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Vindication
Hoye Conviction Overturned
The following is a press release issued by the Life Legal Defense Foundation on August 27.
Oakland, Calif. An appellate court overturned Elder Walter Hoye’s criminal conviction for violating Oakland’s “Mother May I” law restricting sidewalk counseling. In a jury trial in 2009, Hoye was found guilty of two counts of unlawfully approaching women seeking abortions at an Oakland abortion clinic; the court sentenced him to 30 days in jail and an $1100 fine.
Hoye was represented by Life Legal attorneys Katie Short and Allison Aranda and volunteer attorney Michael Millen.
In its published opinion, the Appellate Division of the Alameda Superior Court agreed with Hoye’s attorneys that the trial court had erred in two respects. First, the trial court refused to instruct the jury that it had to unanimously agree on the particular incident for which Hoye was to be found guilty. Because the district attorney’s office presented evidence of several separate interactions between Hoye and persons entering the clinic, it was unclear whether the jury had all agreed on a single instance where Hoye allegedly violated the ordinance
calcatholic.com/news/newsArticle.aspx?id=bdab9058-6bbd-40b9-9fef-6ddf55579cc0
Hoye Conviction Overturned
The following is a press release issued by the Life Legal Defense Foundation on August 27.
Oakland, Calif. An appellate court overturned Elder Walter Hoye’s criminal conviction for violating Oakland’s “Mother May I” law restricting sidewalk counseling. In a jury trial in 2009, Hoye was found guilty of two counts of unlawfully approaching women seeking abortions at an Oakland abortion clinic; the court sentenced him to 30 days in jail and an $1100 fine.
Hoye was represented by Life Legal attorneys Katie Short and Allison Aranda and volunteer attorney Michael Millen.
In its published opinion, the Appellate Division of the Alameda Superior Court agreed with Hoye’s attorneys that the trial court had erred in two respects. First, the trial court refused to instruct the jury that it had to unanimously agree on the particular incident for which Hoye was to be found guilty. Because the district attorney’s office presented evidence of several separate interactions between Hoye and persons entering the clinic, it was unclear whether the jury had all agreed on a single instance where Hoye allegedly violated the ordinance
calcatholic.com/news/newsArticle.aspx?id=bdab9058-6bbd-40b9-9fef-6ddf55579cc0
