Ajay’s Appeal Brief

Ajay’s Appeal Brief

Ajay Dev's Appellant’s Opening Brief (AOB) at the California Third District Court of Appeals has been officially filed. We have posted Ajay’s AOB for those interested in knowing more about his case.  We are confident once you read this brief, you will understand why we feel Ajay Dev is innocent and had an unfair trial.  The brief is divided into two parts.  Part one is the statement of facts – this section provides the facts presented in the trial in a chronological order as to relate what happened. It is supported by testimony and evidence from the trial.  The second part contains the legal arguments regarding errors in the trial and argument as to how those errors led Ajay to have an unfair trial.

Ajay Dev

Ajay Dev’s Reply Brief Filed in the Appellate Court

[caption id="attachment_341" align="alignright" width=""]Ajay DevAjay Dev[/caption]Ajay 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

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.

July 23, 2012 Update on Ajay’s Appeal

On July 23, 2012, the appellate court granted Ajay's attorney's motion to file an over-sized brief. This is wonderful as the brief is over 75,000 words and the allowable filing size is 25,500 words. 

Update on Ajay’s Appeal

Ajay's brief was filed on July 9, 2012, along with a motion asking the court to allow him to file an over-sized brief. Until the court decides the motion, his brief is still not officially filed. Ajay's brief was three times longer than is allowed for a non-capital case.

Exclusion of Non-English Speaking Countries’ Certified Documents

The Yolo County Superior Court trial judge denied Ajay’s defense attorney to present evidence to the jury of his accuser’s conviction in Nepal, Nepal trial court documents which were certified by the Government of Nepal. The judge denied the admission of these documents on the basis that the attestations were incorrect as the words “true translation” were used instead of “correct copy”.

The Unbelievable Accusations

A.    At the age of 21 the accuser, Ajay's adult adopted daughter, claimed that she was raped 3 times a week for the previous five years – a total of 750 rapes.