The Court had previously agreed with Liberty Counsel that the criminal complaint filed by Attorney General Xavier Becerra against Merritt was legally defective and dismissed 14 of the 15 counts
Sandra Merritt Challenges Court's Refusal to Dismiss
SAN FRANCISCO, CA - Today Sandra "Susan" Merritt filed a Petition for a Writ of Mandate which challenges Judge Christopher Hite's refusal to dismiss the untimely Amended Complaint that California Attorney General Xavier Becerra failed to refile within the time prescribed by law.
Judge Hite previously ruled the attorney general "intended" to re-file the previously dismissed counts against Merritt and gave him an extension to correct what Becerra called a "clerical error." The law clearly states that a dismissed charge must be re-filed within 10 days of the dismissal or be permanently barred. But the court ruled that the 14 counts can be re-filed two months beyond the prescribed time.
