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Ajay Dev's Reply Brief Filed in the Appellate Court

Ajay DevAjay Dev's Reply Brief was filed with the California Third District Appellate Court on March 19, 2014. After almost five years, the appeal is finally fully briefed. The next step is for three judges to be assigned his case. After reading all the briefs there will be oral arguments and then a decision. 

The three briefs filed with the court are listed as follows.

  1. Appellant's Reply Brief filed March 19, 2014: To read click here.
  2. Respondent's Brief filed April 30, 2013: We do not have a public copy of the Attorney General's Respondent's Brief. To obtain a public copy go to the Third Appellate District Court in Sacramento (914 Capitol Mall, Sacramento, CA 95814).
  3. Appellant's Opening Brief filed August 3, 2012: To read click here or to view Ajay Dev's Case and Facts Submitted to the Court of Appeal click here.

Below is an excerpt from the Cumulative Error argument in Ajay Dev's Appellant's Reply Brief which summarizes the major errors in Ajay's trial and the harm the cumulative errors caused him. To read Ajay Dev's Appellant's Reply Brief in full click here

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Message From Ajay Dev December 2013

Ajay Dev

Dear Family, Friends, Supporters and Well-Wishers,

This letter comes to you with greetings of the Holiday season, peace and blessings. It has been since June 2011 that I have last written to you. Sadly, silence is often times easier, especially when I have been struggling with what to say – it is impossible to adequately express the pain and anguish I am experiencing in writing and I am not good at putting on a false façade. With God’s grace I have found the strength to write you now and hope you will welcome it in its fullness.

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Ajay Dev's Case and Facts Submitted to the Court of Appeal

Below is the table of contents for Ajay Dev's Appellant's Opening Brief submitted to the Court of Appeal on August 3, 2012. The table of contents outlines the case quite effectively. As you read it, feel free to go to any of the links for more details and explanations.

The first time you click on a link it may take a minute to open the document as it is quite large. The document is a PDF. The links below will take you to the page or general location in the PDF document. However, you might need to scroll up or down to find the heading you are looking for depending on the browser you are using. We have put page numbers to assist you. This web page and links respond best in Google Chrome.

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Vanguard Analysis Part III: Commentary: Dev Appellate Brief Puts Forth Strong Evidence of Unfair Trial

Thursday, March 28 Davis, CA. The Davis Vanguard's Commentary on Ajay Dev's appeal:

"I was not always sold on the innocence of Ajay Dev.  It was the summer of 2009 when I received an email from Mr. Dev's sister-in-law about the case.  Mr. Dev had just been convicted, and he had not yet been sentenced to the stunning 378-year sentence.

Little did I realize that this would be a pivotal moment in my life, as I headed out to the Roseville home of the Devs and heard their story.  I didn't know what to think, I had not seen the case, had not heard the evidence, and I was in a position of having to take their word for it.

My eyes opened for the first time when Mr. Dev was sentenced to a 378-year term.  There are a lot of murderers who won't serve even a fraction of that time.

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Third Year Anniversary of Ajay Dev's 378 Year Sentence

Braving the triple-digit August heat of Woodland, 250 protesters  not only listened to an hour of speeches but marched down to the courthouse in a protest that marked the third year anniversary of Ajay Dev's conviction... read the full article.

Vanguard Analysis Part II: Ajay Dev's Appeal, Legal Arguments

Tuesday, March 26 Davis, CA. The Davis Vanguard a news agency covering local issues in Yolo County & Davis has released the second in a series of three articles on Ajay Dev's Case and his appeal.

"[Ajay's] appeal attacks both the facts of the case as well as the legal rulings used by Yolo County Judge Timothy Fall that the defense claims denied Ajay Dev of his right to a fair trial.  This includes, most notably, the inclusion of the alleged victim's interpretation of a 50-minute pretext call that meandered between English and Nepali, the judge's failure to properly instruct the jury on the law, and the judge's refusal to allow potentially exculpatory evidence.

This is the second of a three-part series.  The first part, Sunday's article, covers the defense's account of the facts of the case, including critical areas that the defense says the court got wrong in the original 2009 trial.  This second part will cover the defense's legal arguments.  And the third part will analyze the case in full.

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250 People Rally on 3rd Anniversary of the Wrongful Conviction of Ajay Dev

August 8, 2012 a rally for Ajay Dev was held in Woodland, California. Despite the over 100 degree heat, about 250 people attended the rally. A majority of people came from Davis, Woodland, and the Sacramento area.

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Vanguard Analysis Part I: Ajay Dev's Appeal

Sunday, March 24 Davis, CA. The Davis Vanguard a news agency covering local issues in Yolo County & Davis has released the first in a series of three articles on Ajay Dev's Case.

"Three years after the conviction of Ajay Dev for the multiple counts of rape of his adoptive daughter and his sentence of 378 years to state prison, he and his attorney have filed their appeal.

Their appeal attacks both the facts of the case as well as the legal rulings used by Yolo County Judge Timothy Fall that the defense claims denied Ajay Dev of his right to a fair trial.  This includes most notably the inclusion of the alleged victim's interpretation of a 50-minute pretext call that meandered between English and Nepalese, the judge's failure to properly instruct the jury on the law, and the judge's refusal to allow potentially exculpatory evidence.

What follows is a three-part series.  The first part, today's article, covers the defense's account of the facts of the case, including critical areas that the court got wrong in the original 2009 trial."

To read the article in full click here.

August 8, 2012 Rally for Ajay Dev

August 8, 2012 a rally for Ajay Dev was held in Woodland, California. Despite the over 100 degree heat, about 250 people attended the rally. A majority of people came from Davis, Woodland, and the Sacramento area. But people also came from Chico, the San Francisco Bay Area, Tracy, Oregon, Massachusetts and Connecticut. There were many speakers, one of whom detailed for those assembled how the accusations against Ajay when compared to the facts failed the test of logic. Another speaker, Kerstin Grothe, spoke of how she absolutely knew Ajay was innocent because she knew an alleged rape that was said to have occurred at her home when she was present did not happen. 

After the speeches, the protesters marched to the court house in remembrance of how their nightmare began and chanted "Free Ajay Dev, Free Ajay Dev". 

The rally was covered by CBS News, Channel 13 in Sacramento and the Davis Vanguard.

Pictures and videos of the rally will be posted in the next few days.